Shared ownership and temporal ownership in Catalan law

Abstract

Purpose The global economic crisis and the housing bubble meltdown have had a significant impact on the Spanish property market. As a result, the homeownership–tenancy dichotomy has become a matter of discussion, and efforts are made to discover formulas that provide affordable, stable and flexible housing access. Taking this background into account, the Catalan lawmaker has implemented the so-called “intermediate tenures” (temporal ownership and shared ownership) into the Catalan Civil Code, which are conceived as a middle ground between ownership and renting. This paper aims to explores how these “intermediate tenures” work. Design/methodology/approach These tenures are conceived as a middle ground between ownership and renting and may be used for a variety of purposes. As the Catalan lawmaker has fragmented the right of ownership on the basis of English law, which is a great breakthrough regarding the long-standing conception of the right of ownership in continental legal systems, the paper explores how these “intermediate tenures” work, as regulated in Act 19/2015, in a comparative perspective. Findings The paper offers an overview of how these “intermediate tenures” are regulated and which are the problems arising from legislation and the potential uses. Originality/value As the temporal ownership confers on the titleholder the domain of an asset for a specifically defined period of time, it does not conform to the right of ownership as it is currently conceived in continental European legal systems, given that it is based on the English leasehold; shared ownership confers on the buyer a property share in the thing, entitling him to the full possession, use and exclusive enjoyment of the thing and to gradually acquire the remaining share. Both are based on the English shared ownership scheme and leasehold, and are legal transplants worth to be analysed.