6533b828fe1ef96bd128811a

RESEARCH PRODUCT

El derecho de tenuta como garantía de la restitución dotal en el derecho foral valenciano

subject

description

The right of «tenuta» arises once the year of mourning —«any de plor»— has elapsed where the heirs to the deceased husband have neither returned the dowry —«exovar»— to the surviving wife nor paid the dotal increase —«creix»—. The widow then obtains possession of the deceased husband's property and is entitled to its usufruct by operation of law. Its purpose is to act as a guarantee, since it aims to secure the return of the «exovar». The «tenuta» ceases when the heirs return the dowry and pay the dotal increase, which means that if they do so immediately after the marriage has ceased, the right does not take effect. The widow may also be deprived of the «tenuta» if she retains it maliciously or for an unnecessarily long period. This right of possession covers freehold property; but if there is none or if it is insufficient, it can also cover property entailed by a relative in the ascendant line.