La problemática conceptualización jurídica de la vinculación singular y su trascendencia aplicativa

Authors

  • María Astrid Muñoz Guijosa

Keywords:

Damages, singular vinculation, liability, compulsory purchase, urban planning

Abstract

So called «singular vinculation» is enumerated in Article 35.b) of the TRLS/2008 as one of the cases in which damages may be awarded. Notwithstanding the difficulties in a uniform conceptualization of them, it seems appropriate to figure out the legal nature of that single one case, both for relevant theoretical and practical purposes. Working on the basis of the difference between reduction of building and usage and over-duty of conservation, so called «singular vinculation» should be approached not as an instance of compulsory purchase, but as a case of state liability. This leads to the need of selection of a certain number of properties, which allows to analyze if a given property has been especially affected.

Issue

Section

STUDIES