Legitimación de los cónyuges para disponer de los bienes comunes bajo un régimen de sociedad de gananciales : Estudios de Derecho español y peruano

Abstract

In the context of the management of the property under a regime of community of property, the topic of the legitimacy of spouses to dispose of common property takes on a special relevance. The regulation of this matter in Spanish Law has allowed the doctrine to classify types of legitimacy to dispose. Instead, Peruvian Law has some technical deficiencies in this respect which complicates an adequate interpretation. For this reason, Peruvian doctrine does not address this issue in a comprehensive and systematic manner, as the Spanish doctrine does. This has led to theoretical and practical problems in determining correctly the effects of the act and, in some cases, its possible sanction. Because of the similarities between both legal systems, the question is solved with a reference to Spanish Law and doctrine

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