El acceso a la vivienda y la nueva función social del derecho de propiedad

Abstract

The serious problem of access to housing in our country gives moreover the contradiction of having a plentiful stock of empty houses. In the face of this situation some autonomic legislators have resorted to a new concept of social function of urban housing establishing a new propiertor¿s duty to set aside the house for residential use so as to leave the destiny of the urban house out from the free use of the proprietor. In order to force the fullfilment of this new social function measures of coactive nature have been used. Hence, the interim expropriation of the use of houses owned by banking entities that had acquired them as consequence of mortgage procedures or the imposition of penalties or the request of levies with no tax purposes where the houses are unoccupied. This work analyzes these interventions studying their legal validity and efficacy.

Keywords

• housing
• interim expropriation of the use of housing
• levy over unoccupied dwelling
• sanction
• social function of property