6th IBEROAMERICAN CONFERENCE ON REAL ESTATE LAW

PROPERTY LAW IN A NEW REAL ESTATE SCENARIO: CHALLENGES AND PROBLEMS

Access to housing is a problem that has become a matter of concern in recent years, reaching a greater prominence in the social and political debate. It is necessary to face public policies that try to guarantee it, but, at the same time, it is necessary to balance it with private property, and to look for an objective of collaboration between individuals and administration. The situation caused by the global pandemic, the new Housing Law in Spain, the populist actions of certain governments in this regard, the demands of the global society and the rise of digitalization in the processes related to the acquisition and transfer of property and other forms of tenure, have put the focus of interest on this issue, which must be analyzed. Indeed, real estate property law is being affected by the new phenomena of occupation, expropriation, and assignment of use which, in the interests of achieving sustainability in access to housing, interfere – when they do not interfere – with the content of property law itself. It is necessary to harmonize access to housing, and promote it through effective measures, with the defense of private property that serves to develop the vital function of housing, also seeking alternatives in other forms of tenure that favor housing without detriment to the right to property.

Likewise, the right of ownership and other forms of access to housing are being altered by the application of the new technologies applied to the transfer of the right of ownership or use, to its financing and to the best use (Proptech), offering a new perspective of real estate law that cannot be ignored. All this leads to the need to stop and reflect on this new context, and whether or not a change is really taking place in property law.

In short, it is proposed to create a place for meeting, examination and discussion of the limits, limitations, powers and current vicissitudes of real estate property law.