About the right of building and its forms

Abstract

This paper aims to address one of the most controversial in relation to the right of urban surface, trying to clear the old question that still today generates some kind of doctrinal discussion about unity or duality of forms aspects. That is, we aim to clarify whether or not the rules persists and «classes» of urban area traditionally had admitted duality: «civil» surface right, or the «urban» surface right. To do so is to analyse how both doctrine and jurisprudence have argued for and against the existence of one or two types of surface right; and although it seems that majority should give overcome the dualist thesis, we should consider whether this is so in line with the most recent case law.