Proposal for the provincial legal reorganization of Mendoza's real estate complexes

This work makes a proposal for the provincial legal reorganization of the real estate complexes of Mendoza.

The exponential phenomenon of the development of country clubs and private neighborhoods in the country during the last decades, and the formation of real private cities or towns among them, raised great concern in the public and private spheres, due to the absence of specific regulations that regulated them by substantive legislation. None of the property rights provided for in the Vélez Civil Code or in the complementary laws exactly fit these real estate manifestations driven by private initiative. The legislative vacuum prompted local administrative regulations to advance in their legal order, forcing the application of the property rights in force at that time, encapsulating them under the combination of personal and real rights, and sometimes only personal, which do not reflect the true reality of the property acquired on each functional unit. Configurations that do not fit the true reality of the property acquired on each unit, and that cause insecurity, allow hegemonic administrations, violations of consumer rights, etc. It is therefore necessary to unblock the required procedures so that existing real estate complexes can truly adapt and adopt the legal solution ordered at the national level.

Without taking an ideological position, reality shows that territorial development currently depends on private initiative. Large urban infrastructure works are carried out by private individuals in compensation with the permission to urbanize in new areas. In this scenario, the State must control, clearly and with regulations that represent a balance between the defense of the territory for all citizens, the necessary profit that the private investor who promotes economic activity must obtain and the legal security of real estate consumers and third parties. A real challenge for the power of urban planning police.

This publication is the result of a research project whose execution has been approved and funded by the Secretariat of Research, International Affairs and Postgraduate Studies of the Rectorate of the National University of Cuyo. The texts that make up this publication have passed an evaluation process and are considered a contribution to the field of knowledge in question.