The right to property and the constitutional principle of non-confiscation: the case of municipal capital gains tax and its legal consequences

Abstract

Our Constitution establishes the right to property, alongside the constitutional principle of economic capacity and the prohibition of confiscation. That right is also included in the international treaties signed by Spain. This paper analyzes these regulations and the interpretation made by the courts in charge of its application. Particular attention is paid to the unconstitutionality of the Tax on increase in urban land value and its consequences.