Juicio de desahucio por precario. Contrato de comodato. Precario

Abstract

When the proprietary third party has yielded the use of totally free form and of favor to the user of the housing, produced the matrimonial crisis and the attributed above mentioned use to another spouse, the owner shows the action of dispossession because there is a precarious. The possession ceases to be tolerated and it shows their characteristic of simple possession of the thing without title, so it can be exercised the action of eviction. The rule will be, therefore, that the rights of the owner to recover the place yielded as housing depend on the existence or not on a contract with the colitigant who occupies her: if the existence of the contract is proved, his rules will follow, whereas if the possession constitutes a mere possession tolerated by the owner, it is a question of the precarious one and the owner can recover her at any time.