RT info:eu-repo/semantics/bachelorThesis
T1 El usufructo del cónyuge viudo
A1 Marqués Benito, Raquel
A2 Universidad de Valladolid. Facultad de Derecho
K1 Usufructo viudal
K1 Legítima
K1 Conmutación
K1 Cautela Socini
K1 5605.02 Derecho Civil
AB The rights of the widowed spouse have evolved depending on the social circumstances of themoment, always limited by the rights of the other legitimaries. The system of attribution of rightsto the surviving spouse chosen in the Spanish system was the usufruct system, constituting theonly legal usufruct in our law.This figure, which was initially created to ensure that the widow would not be unprotected inthe case of her husband´s death, continues to be relevant nowadays, although modifications havebeen made to it since the first draft of the Civil Code. Even so, we cannot consider that thewidowed spouse is in an advantageous position based on the number of wills that grant a higherquota than the legitimate one.Due to the peculiarity of the figure of the widowed usufruct, either by the type of usufruct or bythe distinctive characteristics of legitimate, we must ask ourselves if its recognition is adequatein the social reality of the moment. To do this, we will analyze the different aspects that revolve around the inheritance law of the widowed spouse, as well as its legitimate, its way of satisfyingit through the usufruct and the possibility of commuting it, all with regard to the regulation inCommon Law with the help of jurisprudential interpretation, but without comparing it with thedifferent Regional Laws.
YR 2023
FD 2023
LK https://uvadoc.uva.es/handle/10324/66893
UL https://uvadoc.uva.es/handle/10324/66893
LA spa
NO Departamento de Derecho Civil
DS UVaDOC
RD 12-mar-2025