La demolición de inmuebles y el artículo 108.3 LJCA: análisis de los recientes pronunciamientos judiciales

Authors

  • Alfonso Arroyo ESADE Law School Universidad Ramón Llull
  • Iván Rodríguez Florido Universitat de Barcelona

DOI:

https://doi.org/10.18042/cepc/rap.208.11

Keywords:

Building demolition, bona fide third party, enforcement of judgments, compensations due, article 108.3 of the Administrative Appeal Courts Law.

Abstract

The Spanish regulation of the enforcement of judgments in contentious-administrative
matters and, more specifically, in those proceedings concerning the demolition
of buildings was amended in 2015. A new paragraph (paragraph 3) was added
to article 108 of the Administrative Appeal Courts Law (Law 29/1998). By virtue of
this innovative paragraph, the demolition of a building requires as a precondition the
provision of adequate guarantees to pay the compensations due to bona fide third
parties. The new paragraph is full of undefined legal concepts, clashes with the enforcement
of judgments and has raised manifold doubts as far as its practical implementation
is concerned. The Spanish Supreme Court has construed this paragraph
in several occasions. Following the Court’s opinion, the practical implementation of
the paragraph has been diluted and it refers now only to the enforceability of court
decisions and the non-obstruction of the demolition of buildings. This work aims to
understand this new paragraph in its legal context and to summarize the different
rulings issued by the Supreme Court in this sense, some of them from a critical
perspective.

Published

2019-04-30

Issue

Section

CASE LAW