REQUISITOS PARA LA INTERPOSICIÓN DE LAS DEMANDAS DE RETRACTO DE COMUNEROS. ALGUNOS PROBLEMAS PRÁCTICOS.

Abstract

According to article 1.522 of the Spanish Civil Code, the co-owner of a thing has a right of legal redemption in case of any or all the parts of the thing hold in common being sold to a third party outside the joint estate. In order to exercise such right of redemption in front of a Court the claimant has to fulfil certain requirements or the action shall fail. This article explores the difficulties the parties have to face in these kinds of actions and tries to give a solution to them. Such problems are basically due to the new regulation of these redemption proceedings established in Law 1/2000 of Civil Procedure (in special in article 266.3.º) and to the different interpretation Spanish Courts have made of some of those requirements.