Expropriation and the social function of the right to private property

Abstract

Article 33 of the Spanish Constitution recognizes the right to private property: a right which is not absolute because the social function circumscribes and limits its content. This constitutional constriction is articulated through the institution of expropriation which is regulated as a general matter –general administrative law– and in sectorial legislation –town planning, social housing and rural property. This article analyzes the social function of the right to private property focusing on its effects and the expropriation in case of non-compliance.

Keywords:

private property, social function, expropriation