Criticism of incoherent and unfair legal system of real estate valuations

Abstract

The laws that regulate real estate valuation methods in Spain lead to setting different values for the same property. The evolution of jurisprudence in the matter has not been constant, so that in this matter there is a chronic bankruptcy of legal certainty. It is not equitable to set a different valuation system depending on whether the Public Administration is a creditor or debtor. The rights always have the same equity content, both to assess economic capacity for tax purposes, and to define the loss resulting from their expropriation or injury. In these circumstances, without prejudice to the adaptation of the tax rates, surcharges, deductions, etc., a legislative revolution is urged to ensure that real rights are valued equally in any circumstance.