CRITICAL ANALYSIS ABOUT NUMERUS APERTUS SPANISH SYSTEM IN PROPERTY RIGHTS

Abstract

On this paper I demonstrate that the numerus apertus is economically inefficient, in comparison with the numerus clausus regime. First we define the two possible systems: numerus clausus and numerus apertus. Then we analyze which is the current regime in Spain, and the doctrinarian discussion in that respect. Then we explain the arguments used by the traditional scholars to defend each system. We do that synthetically, because we suppose the reader knows the subject, and also there are enough information about the topic, especially in this prestigious Revista Crítica de Derecho Inmobiliario, aforementioned at the bibliography. Finally, we uphold that the numerus apertus is an inefficient system compared with its opposite, something we analyze exhaustively.