Abstract

SCAGLIUSI, María De Los Ángeles F.. Making the public domain profitable: difficulties, proposals and challenges for the future. e-Pública [online]. 2018, vol.5, n.1, pp.31-59. ISSN 2183-184X.

The public domain, a key institution in the dogma of Administrative Law, is undergoing an evolution from a perspective of conservation and protection towards a trend of profitability. The market has infiltrated the demanial sphere, causing two fundamental consequences: on the one hand, the demand for greater profitability and productivity and, on the other, the need not to neglect, as an effect of these new requirements, the protection of the affectation to the public domain. This tendency leads to the questioning of some of the most characteristic features of the public domain: in particular, its inalienability. This paper analyses the various manifestations of the different forms of profit streams (division into volumes, private law business, sale and leaseback, etc.) that can be observed in the Spanish legal system, highlighting their strengths and weaknesses.

Keywords : Public domain; Patrimonial Goods; Affectation; Management and Profitability.

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