On the food nature of real usufruct, use or room rights constituted on family property

Abstract

This work deals with the nature of the real rights of usufruct, use or room that, according to article 147 of the Civil Code, and during the marriage or civil cohabitation, the judge may constitute assets that have been declared as relatives in favor of the non-owner spouse or civil pastner. Based on a critical analysis of the legal provisions in force and in consideration of the basis and purpose of food law, the article supports the thesis that in matters of family property, the real rights of enjoyment constituted on them have the same nature.