The problems in the heritage management of goods transferred to the Universities through article 80.2 of the LOU

Solution mechanisms

Abstract

The Spanish public university is facing a Kafkaesque situation in relation to the management of part of its Real Estate Property that was transferred via article 80.2 of the Organic Law of Universities. On the one hand, part of said patrimony does not suit its current needs, on the other hand, if it decided to sell it to finance its projects, it would be subject to the obligation to revert the property to the State or the Autonomous Community. It has been argued that the alienation of the property does not allow exercising the right of reversion when the proceeds are reinvested in the university service. This article exposes the reasons why this interpretation is not possible and offers a way of solution through the swap.