La Troncalidad en Bizkaia: una concepción original de propiedad colectiva familia

Abstract

The institution of the line of inheritance has been and is the most noteworthy peculiarity in the Civil Law of Bizkaia. Its profound social acceptance as reflected ín the 1526 New Statute and is now reflected in Law 3/1992 as approved in the Basque Parliament. Its effects have constituted an original conception of property qualified as collective or trunkal property: the titled area has complete dominion and use of the real estáte that is not able to freely sells such properties without previously respecting his family's preferential right of acquisition. The objective is to maintain and the unity and continuity on the family heritage, guaranteeing the rights of the family on the real estáte, although the current legislator, together with current doctrine and jurisprudence, are attempting to limit its most radical effects, and acting the institution to the demands of current society.