El urbanizador en la Comunidad Valenciana y su relación con el empresario constructor

Abstract

As the title suggets, the object of the dissertation is to study the urbanisation agent in the Valencian Land Laws. The first question that arises is the legal status of the urbanisation agent. Since the adoption of the ECJ Judgment of 12 July 2001( Scala), there have been many authors who have studied in depth the subject, being summarized the principal positions in two: those who believe that the urbanisation agent joined by a special contract with the Administration; and on the other hand, those who believe that we are facing in a public procurement. The second part of the study focuses on the legal relationship of the urbanisation agent with the contractor. The approval of the Valencian Development Law (LUV) involved the entry into the game of a new subject called contractor as well as the issue of their relationship with the urbanisation agent and the Public Administration. The legal relationship between the urbanisation agent and the building contractor is defined as "private" in the LUV, although many aspects of it are qualified as public. This contradiction generates numerous problems, defining which law is applicable. This thesis is to define the legal status of the urbanisation agent and solve the complex problem of his relationship with the building contractor.