EL CONCEPTO DE OBRA HIDRÁULICA EN EL DERECHO ESPAÑOL VIGENTE*

Authors

  • ANTONIO EZQUERRA HUERVA

Keywords:

water, legislative drafting technique, public works, public domain..

Abstract

After the traditional lack of a positive legal concept of hydraulic works, the Ley 46/1999, of 13th December, amending the Ley de Aguas (Water Act) of 1985, incorporated for the first time into the Spanish legal system a definition of this concept, which is at present contained in article 122 of the TRLAg (Rewritten text of the Water Act). This study focuses on the problem of interpretation involving the aforementioned legal definition. In particular, it aims, on the one hand, to analyze the complex article 122 TRLAg, in which the legislator opts for a definition of hydraulic works based on a list system, in order to infer its underlying institutional sense; or, in other words, in order to recognize the aims or general purposes that identify the hydraulic works. On the other hand, it contains a study of the connection between hydraulic works and public works, which includes an analysis of the controversial defining notes of public works and which concludes that the TRLAg opts for a concept of hydraulic works characterized by public ownership and the belonging to the public domain.

Published

2008-04-09

Issue

Section

STUDIES