Accession at family level

Abstract

This paper analyzes how the rules about artificial real estate accession can be applied into the family environment, in which the owner of a pre-existing land or unfinished construction usually authorizes a family member to build a house for its use. This assignment will usually be made by the parents of one of the spouses or members of the extramarital union so that they can build what will be their habitual residence. But also, in other cases, it is simply made in favor of a family member linked by blood ties. There are often problems when there is a marital or partnership crisis and the corresponding judgment grants the use of the dwelling to the member not bound by blood relationship with the transferor. Indeed, once the family crises have occurred, it is common for the owner of the land and, if applicable, of the pre-existing building, to seek the recovery of possession with the consequent eviction of the builders. This claim leads us to articles dedicated to the artificial real estate accession, especially article 361 of the Civil Code, which in turn refers to article 453 of this legal text, precepts that in certain circumstances should be modulated and even exclude means of a legislative reform.