Concessões dominiais no direito português
This article deals with the issue of land concessions in Portuguese law, as an instrument for making the public domain profitable and as an expression of the commercialisation of public law. It identifies the dominant types of concessions – private use concessions and exploitation concessions – and...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8751608 |
| Source: | Revista Aragonesa de Administración Pública, ISSN 1133-4797, Nº 24, 2022, pags. 69-92 |
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| Summary: |
This article deals with the issue of land concessions in Portuguese law, as an instrument for making the public domain profitable and as an expression of the
commercialisation of public law. It identifies the dominant types of concessions – private use concessions and exploitation concessions – and discusses the more theoretical aspects, in particular those related to the legal nature of the title and the rights that arise for the concessionaires. Other aspects specific to exploitation concessions are also addressed: the concessionaire’s powers and specific regimes on the geological public domain and the infrastructural public domain. In the case of concessions for private use, the issues of content and termination of rights, as well as their modalities, are analysed. It is concluded that there are advantages in the use of concessions for the valuation of the public domain, without prejudice to the fact that the administration cannot extract a profit from
the domain assets that could jeopardise their protection. |
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