Tuesday, May 10, 2011

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- Contracts. Urban leases. The lease entered into by one spouse constantly marriage is not part of the marital property and is governed by the provisions of the LAU with regard to surrogacy because of death of the spouse who owns the lease.

Supreme Court Judgement of March 24, 2011.

SECOND .- The appeal is based on breach Article 16 of the Tenancies Act 1994 and the existence of appellate interest in its mode of conflicting jurisprudence of provincial courts. The legal question raised focuses on determining whether the deceased owner signs a lease for housing, the surviving spouse should be subrogated to the contract to continue the lease or remains the holder of the original tenant as despite not be the formal contract subscriber. To do this, the applicant demonstrates the existence of two different current case law held by provincial courts in order to decide whether, in cases in which the rentable contract has been signed by one spouse, marriage constant, under the matrimonial regime and the purpose of establishing the family home, after the owner died, the surviving spouse should be considered as a joint tenant or not. If so, as argued by the Provincial Court , would not apply Article 16 Act of Urban Leases November 24, 1994, as the joint tenant would not have to subrogation in the lease entered into by her husband , as the owner of the contract.
In defense of this position is added to the sentence appeal, in the case under review, the lease was formalized in 1970, when the wife had limited legal capacity, so the husband was the sole administrator of the conjugal partnership.
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