The progressive reduction of real estate property rights as a consequence of the social function: a jurisprudential analysis

Abstract

The right of ownership over real estate is a subjective right, constitutionally protected, which has changed significantly from its origin to the present day; the publication of the Spanish Constitution, with the definitive incorporation of the social function of property as an inherent aspect of this right, marked a turning point; however, we are witnessing how the concept and content of property rights, as accepted in the Constitution, continue to evolve; in recent years, particularly through successive rulings by the Constitutional Court and the Supreme Court, as well as new legislation, the social function of property has been interpreted more broadly; this gradual expansion has, in turn, led to a reduction in the traditional and typical content of property rights, diminishing the powers that comprise them; in this paper, we critically analyze this evolution.