LEGAL CONSEQUENCES OF THE RIGHT OF RETENTION OF ONE SPOUSE OVER THE PROPERTY OF THE OTHER SPOUSE IN THE EVENT OF INHERITANCE DEVOLUTION
LEGAL CONSEQUENCES OF THE RIGHT OF RETENTION OF ONE SPOUSE OVER THE PROPERTY OF THE OTHER SPOUSE IN THE EVENT OF INHERITANCE DEVOLUTION

Summary/Abstract: The right of retention established by Article 352(2) of the Civil Code by way of security for the benefit of the spouse who has paid the joint debt relates to the other spouse's own property, until the debts owed by the latter to the former have been paid in full. We have therefore noted that the scope of the object of this right of retention with a special nature is broader than that of the right of retention governed by the provisions of Articles 2495-2499 of the Civil Code – the common law on the subject, since it is no longer necessary to establish a link between the property on which the right of retention is established and the debt that generates this right. The same is the case with regard to the right of retention provided by the special regulation of Article 365 of the Civil Code. In both situations, the death of the spouse, prior to the settlement of the debts for which the right of retention provided by the two legal texts mentioned above was established, may give rise to important and diverse consequences in the case of inheritance devolution, circumstances analyzed in this study.

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