EL CONJUNTO INMOBILIARIO COMO SUPUESTO DE HECHO BÁSICO PARA LA APLICACIÓN DEL RÉGIMEN DE LA PROPIEDAD HORIZONTAL.

Abstract

The concept of the real estate complex arose due to the demands of notarial and registration practice, to attempt to apply the horizontal property system (whose paradigm is building ownership on a flat-by-flat basis) to other real property situations that are more complex or, at all events, different from that of a single building (such as private housing developments, development complexes, etc.). As a result, a good portion of doctrine conceives the real estate complex as a situation that can refer solely to those property situations that go beyond or differ from the standard horizontal property paradigm. Even so, this paper defends the thesis that a building in typical horizontal property ownership is also a real estate complex, in that the real estate complex is the technical instrument conceived by legal scholars to configure "separate ownership". Therefore it constitutes a new category of in-rem law that makes possible the birth and development of this special form of property right. On the basis of this approach, the paper analyzes the different cases in which the real estate complex has historically been embodied: typical horizontal property (condominiums), low-rise horizontal property (private housing developments), complex horizontal property, horizontal property by analogy, horizontal property exclusive of the principles of accession and the case of a real estate complex made up of one public property and several private properties. The paper ends with a study of the concept and elements of the real estate complex that is proposed.