The emphyteusis as a real security and as a payment mechanism

Authors

Keywords:

Catalan civil law, real estate, emphyteusis, real security, land registry, urban development.

Abstract

Act 11/2022, of December 29, on urban, environmental and social improvement of neighbourhoods and towns, has introduced an interesting novelty in the Catalan legal system, devising an unusual function for a classic institution of civil law. Specifically, it has given emphyteusis a function of real security of a former obligation to compensate the Administration for the increase in value of a property that has received public aid; this is accompanied by a complementary function, of allocating the rent to the payment of the forementioned debt. This research studies the legal configuration of this emphyteusis.

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Published

2025-05-16

Issue

Section

Studies