The exercise of parental auth and third parties in good faith: art. 156 of the cc

Authors

  • Ángel Sánchez Hernández Académico Correspondiente de la Real Academia de Doctores de España y de la Real Academia de Jurisprudencia y Legislación de España.

DOI:

https://doi.org/10.36151/rcdi.2025.812.24

Keywords:

Exercise of parental auth by third parties in good faith comprobar

Abstract

After analysing the different sections of article 156 CC (Civil Code), it can be infered that the section 3 of article 156 CC (in fine) has much less significance than it would seem. The individual actions carried out by a parent, using an individual legitimization regulated or authorised by a judge, are already validated originally, and what it can not be made because of the absence of the initial valid requirement and it can not be offset in order to determine the validity of the action to protect the disinterested party.

To sum up, the hypothetical cases which are mentioned in the third paragraph of article 156 (CC), are reduced to the actions contained in the first paragraph of the same precept: those who are carried out by one a parent “according to socuial custom and circumstances or in urgent situations”.

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Published

2026-01-29

Issue

Section

STUDIES

How to Cite

The exercise of parental auth and third parties in good faith: art. 156 of the cc. (2026). Critical Review of Real Estate Law, 812, 3957-3997. https://doi.org/10.36151/rcdi.2025.812.24