El régimen de los cementerios públicos: tras la dicotomía entre lo público y lo privado
On every cemetery, public or private, public competencies and competencies or rights of the particular clients that are users of the cemetery service converge. Their normative contradictions generate gaps in the classifications, this derives from the cemeteries’ historical evolution . Their creati...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2019
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=9054670 |
| Source: | Misión Jurídica: Revista de derecho y ciencias sociales, ISSN 1794-600X, Vol. 12, Nº. 17, 2019 |
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| Summary: |
On every cemetery, public or private, public competencies and competencies or rights of the particular clients that are users of the cemetery service converge. Their normative contradictions generate gaps in the classifications, this derives from the cemeteries’ historical evolution . Their creation that arose with man’s need to prepare places to bury human remains, produced a delay in their recognition as subjects of rights.
All these has generated one of the main difficulties that juridical operators face while treating the problems that affect cemeteries, which is the complexity and dispersion of the cemeteries juridical regime, and of its sources. The imprecision in its treatment results in uncertainty in the procedures the administration and users should follow. This leads to arbitrariness against the rights of clients, and for the Administration generates responsibility for the execution of absolute or relatively null acts.
Starting from the challenges that the matter imposes, a characterization of the juridical regime of public cemeteries is presented. For this, a comparative study of the normative regulation of the rights and goods that integrate it is outlined. As a result, a diagnosis of the current juridical regime of public cemeteries is offered, based on their theoretical-doctrinal analysis that allows for them to be framed as goods of public patrimony, in order to guarantee their legal security and publicity in the administrative act and towards the achievement of their legal protection. |
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