Housing protection and temporal priority
Protección de la vivienda y prioridad temporal

Natalia Leonor Monge, Universidad Nacional de La Pampa. Argentina
2020 Perspectivas  
As soon as the law 26.994 entered into effect it replaced the wellknown family property regulated by the law 14.394. "The new protection regime finds its grounds in the Human Right to housing and it becomes an independent familial institution, though not unconnected to it" (Herrera et al., 2015, p. 410). The new regime returns to the table a subject, by the way quite discussed in the doctrine linked, to the temporary priority of registration. In this sense, the normative design refers us to the
more » ... treatment that the National Real Estate Registry Law, that is, implicitly recognizes the existence of two types of priority with very different effects Therefore, this work will bring to light the linguistic problem considering the wording of the second paragraph of the article 244 of the Civil and Commercial Code. In the same way, the deducted difficulties on the assumption of direct priority will be exposed and, lastly, considering that housing is an essential human right, a work alternative that resembles the effects of the official report to the premise of indirect priority will be offered.
doi:10.19137/perspectivas-2021-v11n1a03 fatcat:fnmlwmidgjbobfe6m5zcpyegfi