On the exorbitant application of article 541 of the Civil Code (easement by apparent sign or by destiny of father of a family) in Aragon: a jurisprudential analysis

Abstract

Article 541 of the Civil Code has altered the application of Aragonese civil law since the Compilation of 1967 by serving as a justification to introduce other apparent signs, typical of the Civil Code but not of Aragonese Law, in the constitution of easements of lights and views, criterion that had to correct the Aragonese jurisprudence. With the Code of Foral Law of Aragon of 2011, the easement by apparent sign is expressly regulated, but the Aragonese Courts have continued to apply article 541 of the Civil Code when the easement has been constituted prior to 2011, despite what is established in the provision transitory 23rd on the immediate application of the Aragonese Foral Code from its entry into force.