Validity and effectiveness of lease of ganancial thing granted without the intervention of the participants in the posganancial and hereditary community

Abstract

The purpose of this study is to analyze the validity and effectiveness of some lease contracts for goods belonging to the extinct company of dissolved and non-liquidated property companies, concluded without the consent of all the participants of the post-profit and / or hereditary community. In the first case, the tenants were the widow (usufructuary) and the granddaughter, a legatee of the rights that the grandfather (previously deceased) held in the house. And in the second case, the grantor of the lease (rustic farms with option to purchase), was the husband, judicially separated and subsequently deceased. In both cases, with the qualifications that will be seen, the traditional thesis of the nullity of the device act is rejected and the obligatory effectiveness of the contract is confirmed.