Reflexiones críticas sobre la doctrina constitucional acerca del derecho de propiedad: la regulación del alquiler de vivienda como escenario

Abstract

This study analyses, from a critical point of view, the Constitutional jurisprudence regarding property rights, specially referring to urban real state, and more specifically the topping of rents. This is a long-standing mechanism in the Spanish legal system, as it is the social function of property criterion which is now included in art. 33.2 of the Spanish Constitution. By invoking this criterion, individual sphere of property rights have been dramatically reduced, particularly during the last years either by regional legislations on tenement or the recent national act. This trend has been backed up by a Constitutional jurisprudence whose more recent expressions long seek support in a narrow reading of the ECHR jurisprudence.