ПРЕХВЪРЛЯНЕ НА СОБСТВЕНОСТТА ПРИ QUASIUSUSFRUCTUS НА ВЕЩИ QUAE USU CONSUMUNTUR СПОРЕД РИМСКОТО ПРАВО И ИСПАНСКИЯ ГРАЖДАНСКИ КОДЕКС
TRANSFER OF OWNERSHIP IN THE QUASIUSUSFRUCTUS OF GOODS QUAE USU CONSUMUNTUR ACCORDING TO ROMAN LAW AND THE SPANISH CIVIL CODE

Summary/Abstract: The analysis of the transfer of ownership in the specific quasiusufructus of things that are destroyed with their use is a key question to understand a particular legal figure, which, although in the sources, fits into the main scheme of ususfructus and fulfills the same social - economic function, has its own structural characteristics. On the one hand, the legal sources include it in the general framework dedicated to the legal regime of ususfructus (in book VII of the Digests, in title IV of book II of the Institutions and in title XXXIII of book III of the Codex). On the other hand, however, the sources categorically deny the creation of a usus fructus over res quae usu consumuntur. Rather, it speaks of the establishment per cautionem of a quasiususfructus. The article examines the development of the regulation and the opinions of jurisprudence on this matter in Roman law and in the Spanish Civil Code.

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