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<doi>/ISEC.res.2017.58</doi>
<title-group>
<article-title>PROPERTY ASSET MANAGEMENT: LEGAL<br/>
FRAMEWORK</article-title>
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<author>DESIREE PARIS and MANUEL SEVERINO</author>

<aff>Dept Construcción y Tecnología Arquitectónicas, ETSAM, Universidad Politécnica de<br/>
Madrid, Spain</aff>


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<abstract>
<title>ABSTRACT</title>
<p>The Property Asset Manager is a figure of the construction process of recent
implantation in Spain, also the Spanish legislation in force does not expressly
contemplate it like an agent of the construction. We have analyzed and interpreted the
legislation, especially the “Ley de Ordenación de la Edificación - LOE”, to see what
could be applied. We have also analyzed the legal nature of the contract, as well as the
responsibilities deriving from their works, taking into account the applicable rules to
the construction process as well as the contract of the Property Asset Management and
its penal responsibility. To conclude, the actions of the Property Asset Management,
even if it is a figure that is not expressly regulated in the current Spanish legislation, is
subject, directly or indirectly, to the scope of application of the regulations regarding
contractual liability of the LOE, the Civil Code and The Penal Code. From our point of
view, the Spanish courts will be recognizing the figure of the Property Asset
Management as a new active agent of the construction when it comes to performing
management functions, that is to say, delegated developer. We believe that an update
of the LOE is needed, in the sense that it includes this new figure, Property Asset
Management, along with many more agents that fight their way through the Spanish
construction process. However, they have a lot of strength in the international field.</p>
<p><italic>Keywords: </italic>Ley de ordenación de la edificación, L.O.E., Building Ordinance law,
Portfolio, Civil code, Penal code, Spain.</p>
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