GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
---|---|---|---|---|---|---|
|
17:17 Jun 27, 2018 |
Spanish to English translations [PRO] Law/Patents - Real Estate / Planning | |||||||
---|---|---|---|---|---|---|---|
|
| ||||||
| Selected response from: Rebecca Jowers Spain Local time: 22:39 | ||||||
Grading comment
|
Summary of answers provided | ||||
---|---|---|---|---|
4 +1 | inalienable; nontransferable; nonnegotiable |
| ||
3 | (not) subject to transaction |
|
Summary of reference entries provided | |||
---|---|---|---|
Refs. |
|
(not) subject to transaction Explanation: Which means that the said public functions are not negociable because they protect the public interest of citizens (= uso del territorio y del suelo) and are therefore out of the scope of transaction. |
| |
Login to enter a peer comment (or grade) |
inalienable; nontransferable; nonnegotiable Explanation: I think the idea here is that these are functions/powers that can only be exercised by the public authorities and are, thus, not subject to any type of negotiation or settlement. -------------------------------------------------- Note added at 1 hr (2018-06-27 18:52:14 GMT) -------------------------------------------------- In this context "transacción" is the noun form of "transigir": "llegar a un acuerdo que ponga fin a una controversia". |
| |
Grading comment
| ||
Login to enter a peer comment (or grade) |
43 mins |
Reference: Refs. Reference information: I am confused, as I found this below, but it does not appear to the text which is referenced in your posting, but for what it is worth (probably not a lot of help!). http://www.eukn.eu/fileadmin/Lib/files/ES/2010/2008-06-20_Co... SPANISH LEGISLATIVE ROYAL DECREE 2/2008 20th June 2008, approving the Consolidated Text of the Land Act PREAMBLE The second final provision of the Land Act 8/2007, 28th May 2007, authorised the Spanish Government to approve, by means of a Legislative Royal Decree, and within one year of that Act coming into force, a consolidated text of that same Land Act as well as the provisions of the Consolidated Text of the Urban Planning and Land Act by Legislative Royal Decree 1/1992, 26th June 1992, that still remained in force. This consolidation task is hereby undertaken and consists of two basic points. On the one hand, clarifying, standardising and harmonising the terminology and provisions of both laws. On the other hand, structuring and systematising several and diverse provisions from the Consolidated Text of 1992 into a single general provision for the Land Act, in accordance to the attributions of the Autonomous Communities, as far as housing and urban planning are concerned. The main objective is therefore to avoid those rules and other state provisions on the matter to be “scattered away”. One exception should be born in mind: the sections of the Consolidated Text of the Urban Planning and Land Act approved by Royal Decree 1346/1976, 9th April 1976 approving that still in force. This sections are indeed subsidiary law, bar in Ceuta or Melilla, and are therefore not within the scope of the authorisation by which this Consolidated Text is approved. Article 3. Spatial planning and urban planning 1. Spatial and urban planning are public non-alienable functions organising and defining spatial land use, in accordance with general interest, determining the abilities and duties of land ownership right, according to its final use. This does not give a right to indemnity, apart from certain cases specifically stated by law. The exercise of spatial planning and urban attributions must be reasoned, stating the general interest it is supporting. 2. Spatial and urban planning legislation will guarantee: a) The management and monitoring by the Public Administrations with attribution over the urban process, during its stages of occupancy, urbanization, construction or building, and use of land, by whomever, private or public party. b) The community's share in the benefits accruing from the actions of public bodies under the conditions stated in this and other applicable Acts. c) The right to information of citizens and representative bodies of stakeholders affected by urban processes, as well as citizens' participation in urban planning and management. 3. Urban planning and land policies public management will promote private initiative. Another part says: Second, the regulation of the private initiative concerning urban planning activity, which, as far as urban regulations do deal with it within the legal framework of this Act, is an economic activity of general interest affecting both the right to ownership and enterprise freedom. In this sense, even if the building is placed on a property and -in accordance with the Spanish classical conception- accesses the property's ownership and can therefore be considered as a part of this ownership right, urban planning remains a public service, whose management the Administration can decide to keep or give away to any private party. Also, urban planning affects more than one property, therefore exceeding, both logically and physically, the limits of ownership right. http://www.osborneclarke.com/insights/real-decreto-legislati... |
| |
Login to enter a peer comment (or grade) |
Login or register (free and only takes a few minutes) to participate in this question.
You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.