Identifier: TDX:2709
Authors: Molina Roig, Elga
Abstract:
The thesis covers a critical study of the Spanish rental sector of housing and a new functional regulation is proposed, which is considered essential to correct the existing dysfunctions in the rental market (the lowest rate in Western Europe , broad black market, unaffordability) and, in particular, to serve as a real (and not merely frictional) alternative to homeownership as a form of access to housing. To this end, the historical right, the positive law of both urban leasing and other related figures, and the comparative law on the leasing of housing in countries with a low (Greece, Portugal, Italy, Malta and Spain) and the highest rental sector in Europe (Germany, Switzerland and Austria) are taken into account. In addition, in order to reinterpret the legislation on urban leases in accordance with the right to housing, the reasonableness and proportionality of the different measures proposed are analysed to seek a balance (not necessarily symmetrical) between the rights and obligations of the parties. The functional model we propose pursues, on the one hand, stability (promoting the formalization of indefinite contracts), affordability (promoting referenced income systems) and flexibility (facilitating unilateral withdrawal with a notice period and sublease when there is a Personal or financial interest) of lessees; and, on the other hand, profitability (income systems referenced to market prices that provide transparency to the sector), savings, guarantees and security (deposits, surety bond or a possible legal pledge) for lessors.
Repositori URV