Obligation to contribute to horizontal property comparative analysis of spanish and portuguese law

Abstract

The comparative analysis of the legal systems corresponding to different countries of an institution such as horizontal property, of geographical proximity and similar legal and historical tradition, opens the possibility that both enrich each other. In this work, the object of comparison will be the obligation to contribute to community expenses in horizontal property and the consequences derived from its non-compliance. This must be considered as the most important that co-owners hold in the horizontal property regime, in fact, it is an essential obligation. Through the study of the issue in the Spanish and Portuguese legal systems, proposals for improvement of these may be concluded, this being the final objective of this article. The obligation to contribute in both systems shares the same legal nature. It is important to understand the configuration of the different elements of horizontal property, as well as the contribution to its conservation and innovation. The criterion of expense distribution is essential, as well as the temporal delimitation of the obligation to contribute of the condominium owners. The complete analysis of a legal obligation must also contain the consequences of non-compliance. The final conclusion is the joint analysis of both legal systems provides elements of reciprocal improvement of both, and provides solutions that could enrich them, which are detailed in the last section of this article.