Guarantee of Existing in Planning Law: An attempt to salvation

Abstract

The purpose of this article is to analyze the Guarantee of Existing in Planning Law in particular the rights and responsibilities that it entails for the Public Administration and private individuals. We had a special account the doctrinal positions regarding the interpretation thereof as well as the disastrous consequences that the interpretation of the majority of the doctrine has as to compliance with certain constitutional principles. As a result of this assertion, aimed to contribute to a reading of the institute that not only allows saving of unconstitutionality, as give it a real practical use.