Public And Private Land Use

The concession of right in rem. The Art. 7 of Decree 271/1967, institutes the concession of public and private land use. Main characteristics: The housing is not restricted; The legal type allows diverse uses in relation to the property; The concession is on public or particular lands; It can be remunerated or gratuitous; Established for certain or indeterminate time; As social interest, urbanization, industrialization, construction, culture of the land, sustainable exploitation of fertile valleys, preservation of the traditional communities, etc.

It can be the concession carried through for contract, public act or particular. However if determined for public being, it can be for simple administrative term. Incubencies: it is with the concessionaire, who will flow of the land, together with all civil, administrative incubencies and tributaries, that can fall again on the property and incomes. Difference of the fruition: * The perceived fruits will be for the user its family; * The fruition also is lifetime and exclusive, is not transmitted with the death, already the concession is transmitted. End of the concession: The concession can be extinguished case the responsible one gives diverse destination or disregards defeasance clause of the contract.

Difference of the surface right: The concession allows that it uses the ground, subsoil and airspace, does not limit only the surface. Concession of use: it can be for act Inter livings creature or succession legitimizes or testamentary. Hybrid institute: the concession presents characteristics of the surface right and use. 2 provisional remedy 2.220/2001? The special concession of use. The Statute of the City foresaw the concession of special use for housing end, such subject was treat in one capitulates, however it was vetoed by the President of the Republic, for the following reasons: Such institute could mean security it can of the inhabitants of slum quarters and irregular land divisions; Beyond regularizing the tenement houses in public property; Articles exist that wound the public interest, therefore the special concession, would mean the occupation of squares and streets, as well as ambient areas or others destined the public works; Some regulations of the law characterize processory title, institute that already exists and that it does not reach the public goods, in the special concession the public goods would be reached; The collective concession would be allowed, without being specifying who is the owner of the property there, having a certain confusion; It regulates despite in areas where it is common landslides, floods, that the Public Power is responsible in guaranteeing housing without displaying the life the risks; This species of concession will be gotten administrative way before competent agency, not being as it occurs in the surface or use right, that must be made by public writing; The Public Power will have 12 months, of the date of the protocol, to decide the order; If it will be admitted concession, either for saw administrative or for sentence, it will have to be registered in the Real estate record; It makes use the transference for act Inter mortis livings creature or cause, thus being able to be transferred even to person who already possesss urban or agricultural property, case however it will extinguish that it; It will be able to have the commercial concession, that compare it the processory title pro work, being been that if the Public Power to grant space, must guarantee the true proprietor another property, in case that it is predominant the public interest, under the particular one.