El plazo para el pago en el derecho de tanteo de bienes culturales (Comentario a la sentencia del Tribunal Supremo de 21 de noviembre de 2006).

Authors

  • SEGISMUNDO ÁLVAREZ ROYO-VILLANOVA

Keywords:

heritage cultural, preemptive rights, patrimonial responsibility.

Abstract

National and regional law regarding spanish cultural heritage grant to the administration a term of two years for the payment of the price after the exercise of preemptive rights in the sale of works of art. In a recent ruling, where the claimants asked for the payment of interest, the Supreme Court rejected this claim arguing that it was a privilege granted by law. This ruling is criticized in this article, for the opposite interpretation would be more respectful with our Constitution. The consitutionality of that administrative privilege is also examined, and also the possibility of claiming the patrimonial responsibility of the public administration fo its delay in the payment.

Published

2008-09-18

Issue

Section

CASE LAW