EL SALE AND LEASE BACK DE EDIFICIOS PÚBLICOS: ALGUNAS CLAVES JURÍDICAS.

Given the complex nature of this type of transactions, is it appropriate the Spanish regulations and case-law issued in relation to sales and leases (individually considered) being applied? Or is it fair them being qualified in certain aspects? From a public law standpoint, is it legally feasible the Spanish authorities being engaged in this kind of transactions in relation e.g. to office buildings occupied by regional or national ministries? How legal restrictions over public indebtedness, and EU State aid control regulations, impact on the deal? This paper addresses those and other practical issues, identifies certain legal clues to be considered when structuring and implementing this kind of transactions and tables some proposals which, if accepted by the Courts, would entail a contribution to the legal certainty of the players involved and, at the end of the day, to the legal consolidation of those transactions in Spain. [ABSTRACT FROM AUTHOR]