IS THE UNILATERAL PATRIMONIAL DISPOSITION OF GOODS SUBJECTED TO THE GAIN SOCIETY REGIME NULL?

Abstract

The present article of Civil Law, explains the foundations exposed in the VIII Casatorio Plenary, which is related to the unilateral patrimonial disposition of goods obtained in community property regime; the current problem addresses several extremes such as the situation of the third party who in good faith contracts with one of the spouses, this third party could maintain his right or only aspire to compensation before the possibility of a nullity of the act, if the same is null or ineffective as the doctrine affirms; another extreme is to determine the effects of acts of disposition of social goods in which there is no representation of the spouse who does not participate in the contractual act, and what is the role of the entities intended for the publicity of legal acts; all these anomalous scenarios produce discordance in the decision of the judges so a plenary established binding jurisprudence that establishes uniformity.