Legal effects of the residential leasing contract in the liquidation of the marital partnership and patrimonial partnership Efectos jurídicos del contrato de leasing habitacional en la liquidación de la sociedad conyugal y de la sociedad patrimonial

Abstract

The conjugal partnership and the patrimonial partnership are institutions related to the administration of assets, which are born or the agreement of wills under the figure of marriage or the responsible decision of the permanent partners who join, respectively, and is regulated in the Colombian Civil Code and the Act 54/90, with some exceptions. However, the identification of the patrimony that makes up the assets and liabilities of the corporate asset, especially when the assets are held by a third party, as occurs after the conclusion of a housing lease, suggests that the obligations of each one be analyzed in detail. of the parts. In practice, judges and notaries have applied various strategies to achieve an equitable partition and, in this way, avoid the detriment or increase without just cause of the gains. Through this article it is intended to review the subject from the dogmatic point of view and from the jurisdictional exercise.