Función social del Derecho de propiedad y carácter familiar del patrimonio en la vigente Ley 3/1992 de Derecho Civil Foral del País Vasco

Abstract

Law 3/1992 on Statutory Civil Law in the Basque Country maintains a special conception and protection of the family character of the Patrimony. Its concretion is a consequence of a determined historical model of family and property organisation in a society that was radically different from that in our times. Family and property models have undergone a noteworthy evolution, although both family and property law still have a fundamental social function. The author reflects on the reasons for maintaining the rights of certain relatives on the family patrimony and on the current regulation in civil law reference to property law in its individual, family and social aspects. A future proposal may be the to discard family lines of inheritance and bestow a solidary character on property: from family lines of inheritance to solidarity.