LOS DERECHOS REALES ADMINISTRATIVOS: FUNDAMENTOS PARA UNA CATEGORÍA.

Abstract

The legislative consecration of the category of administrative real rights by Act 33/2003 on the patrimony of public administrations forces us to consider the foundations on which the concept rests, in an attempt to harmonise the juridical/ real notion with the specific parameters of the classification. In this task, we must look back to the doctrinal genesis of the institution, so that, from there, we can comprehend the differential substrate of the formula, which was initially inspired by the theory of public domain but today stands as a faithful exponent of the need to work past the classic postulates of the public domain. This study is thus intended as a small contribution toward the integration of concepts, emphasizing the practical scope of real rights of an administrative slant, although on the basis of their specificities.