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Article
Publication date: 10 April 2017

Héctor Simón Moreno, Núria Lambea Llop and Rosa Maria Garcia Teruel

The global economic crisis and the housing bubble meltdown have had a significant impact on the Spanish property market. As a result, the homeownership–tenancy dichotomy…

Abstract

Purpose

The global economic crisis and the housing bubble meltdown have had a significant impact on the Spanish property market. As a result, the homeownership–tenancy dichotomy has become a matter of discussion, and efforts are made to discover formulas that provide affordable, stable and flexible housing access. Taking this background into account, the Catalan lawmaker has implemented the so-called “intermediate tenures” (temporal ownership and shared ownership) into the Catalan Civil Code, which are conceived as a middle ground between ownership and renting. This paper aims to explores how these “intermediate tenures” work.

Design/methodology/approach

These tenures are conceived as a middle ground between ownership and renting and may be used for a variety of purposes. As the Catalan lawmaker has fragmented the right of ownership on the basis of English law, which is a great breakthrough regarding the long-standing conception of the right of ownership in continental legal systems, the paper explores how these “intermediate tenures” work, as regulated in Act 19/2015, in a comparative perspective.

Findings

The paper offers an overview of how these “intermediate tenures” are regulated and which are the problems arising from legislation and the potential uses.

Originality/value

As the temporal ownership confers on the titleholder the domain of an asset for a specifically defined period of time, it does not conform to the right of ownership as it is currently conceived in continental European legal systems, given that it is based on the English leasehold; shared ownership confers on the buyer a property share in the thing, entitling him to the full possession, use and exclusive enjoyment of the thing and to gradually acquire the remaining share. Both are based on the English shared ownership scheme and leasehold, and are legal transplants worth to be analysed.

Details

International Journal of Law in the Built Environment, vol. 9 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

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Article
Publication date: 4 December 2018

Julie Adshead, Emma Lees and Francis King

Abstract

Details

Journal of Property, Planning and Environmental Law, vol. 10 no. 2
Type: Research Article
ISSN: 1756-1450

Content available
Article
Publication date: 10 April 2017

Francis Sheridan King

Abstract

Details

International Journal of Law in the Built Environment, vol. 9 no. 1
Type: Research Article
ISSN: 1756-1450

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Article
Publication date: 1 January 1996

Salvador Antón i Clavé, Francisco López Palomeque, Manuel J. Marchena Gómez, Sevilla Vera Rebollo and J. Fernando Vera Rebollo

The Geography of Tourism in Spain is now at a par in terms of its scientific production with other European countries. Since the middle of the '80s the quality and volume…

Abstract

The Geography of Tourism in Spain is now at a par in terms of its scientific production with other European countries. Since the middle of the '80s the quality and volume of contributions is analogous to the rest of the European Union, although as a part of University Geography in Spain it has not achieved the level of dedication reached by other subjects considering the importance of tourist activities to the economy, the society and the territory of Spain. It could be said that the Geography of Tourism in Spain is in the international vanguard in dealing with Mediterranean coastal tourism, with the relationships between the residential real estate and tourism sectors and with aspects related to tourism and leisure in rural and protected areas.

Details

The Tourist Review, vol. 51 no. 1
Type: Research Article
ISSN: 0251-3102

Keywords

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