Public property transfers and valorisation of public domain

Abstract

The article examines public property transfers as a fundamental instrument on the valorisation of public domain. Although public transfers represent an instrument of excellence on the valorisation of public goods, the Portuguese normative framework does not allow this legal mechanism to duly perform its function. The Portuguese legislator offers several ways of achieving public domain transfers – by statute, administrative act and public contract – though difficulties of both constitutional and legal nature are making the legislator the main and sporadic protagonist on the transfer of public goods.