摘要：Article 1277, from chapter VI, title II, from Argentinean Civil Code, which protects marital home, applies even after marital society is dismissed and establishes both husband and wife have to give their consent to sell, rent or mortgage communal property or own to anyone of them, where it’d be placed marital home if there would be under age children or unable. Rule exceeds merely material aspects, to be analyzed from family interest point of view. We believe article 1277 from Civil Code, must be applied analogously to the supposition that custody of under age children or unable has been given to one of their parents, due to breaking-off of non-married couple, when both or either are property’s owners. The idea is based on the principle of non discrimination of children, equality against law, in the alimentary nature and in overall protection of the family.
