LA PERMUTA DE SOLAR POR EDIFICACIÓN FUTURA EN LA CONTRATACIÓN INMOBILIARIA.

Abstract

When the owner of a lot of land swaps the lot for future building, the owner conveys ownership of the lot to another person, who is to build on the lot, in exchange for certain housing units, retail units and/or garage spaces, a percentage of the building, air rights or even combined considerations that include a sum of money. We review the legal nature of such transactions, the modes of performance, the means of determining when ownership is acquired since the object exists in the future (which entails distinguishing among the systems for conveying ownership in different legislations) and the interesting implications for registration. The criteria of established case-law are examined, and attention is drawn to the difference between potential effects depending on whether the conveyor's right is regarded as a personal right or a real right (jus ad rem) in the future construction.