face of " surprises "to which we are accustomed, rather than the
-changing economy of our country, this question will make it and we
with increasing frequency.
But
What is the "homestead"?
is the legal protection of an urban or rural property by a person or persons owning the ship. By definition, then, can only affect property and not, for example, automobiles.
The property constituted "good family", must have a value not exceeding the livelihood and housing needs of the family, so they are excluded in principle to the high value (eg a hundred rural setting thousand hectares or a mansion more Sans Souci Palace.)
What are the objectives of the law?
The law has two objectives. The first is economic and aims to conserve
heritage within the family. The second is social: tending to
keeping the family together under one roof.
What is meant by family?
law family means the spouse (husband or wife or
owners), their ancestors (parents) and their offspring (children).
In case of no ascendants or descendants, are also considered members of the family
the collateral relatives by blood up to the third degree
-or brothers and nephews, provided that they live
with whom or who constituted the homestead .
Who can be the homestead?
The person owning the property. If the owners (owners) of the property were several, to be written down under this scheme must act jointly and prove that they have the relationship of which we discussed earlier.
To give an example, two brothers can not affect the same property, since they are not blood relatives but they can do similar and two brothers.
I can affect how many buildings?
can only affect a property, whether it is whatever the owner of another or others. This is a consequence of the late ones by the legislature: to preserve the assets needed for support the family home and keep it under one roof.
When did protecting us?
From the time of registration as such in the records of the property that corresponds to the location of the property can not be executed or arrested even in the event of insolvency or bankruptcy, unless the limitations discussed below .
How we protect?
But in the case of a farm, its fruits (crops, livestock, etc.) be seized as long as they are not essential to the needs of the family and in any case more than fifty percent of these fruits. Nor is protected
good, for example, product embargoes against executions for common expenses or taxes on the property or, according to a recent ruling against the spouse's claim for food.
Please consult your attorney with any questions you may have. Carlos Alberto Gemetro
Advocate Bar Association of the Federal Capital
Volume 9 Folio 875 Ciudad Autónoma de Buenos Aires Argentina Republic
Contact: drgemetro@speedy.com.ar
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