¿Realmente el art. 582 del código civil no puede quedar desplazado por las determinaciones de un plan urbanístico?

Abstract

In its decision of 21 october 2008, the subject of my essay, the Spanish High Court´s civil section confirms that art. 582 of the Spanish Civil Code can not be desplaced by a town planning, so the decision orders to close the windows someone has opened to a neighbour property.In this decision the High Court states that, any measurement different to that one of 2 metres that the Civil Code establishes to open windows between neighbour properties, is simply an expropriation and has to be pronounce within a due administrative process with the previous payment of a lump sum. That statement is too wide to be exact, and I defend that in the case the 2 metres measurement is dropped within a charge sharing project (proyecto de equidistribución) then is valid and legally displaces art, 582 of the Spanish Civil Code as the Spanish Land Law states.