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Submitted October 30, 2026
Published 2026-10-30

Artículos

Vol. 5 No. 2 (2026): Synergía

Authorship, modification, and repudiation of architectural projects : Challenges of professional practice in Panama


DOI https://doi.org/10.48204/synergia.v5n2.11614

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References
DOI: 10.48204/synergia.v5n2.11614

Published: 2026-10-30

How to Cite

Camargo de Del Busto , J. (2026). Authorship, modification, and repudiation of architectural projects : Challenges of professional practice in Panama. Synergía, 5(2), 584–605. https://doi.org/10.48204/synergia.v5n2.11614

Abstract

The protection of architectural works in Panama faces conflicts arising from Article 34 of Law 64 (2012), which allows the purchaser to make “necessary” modifications and limits the architect’s recourse to repudiation of authorship, thereby disregarding the interests of architecture professionals. The objective of this literature review article is to propose a hermeneutical solution to the legal gap concerning the repudiation of authorship through a harmonious interpretation of the moral rights framework and compensatory remedies. A hermeneutic-analytical methodology was applied to primary sources, including the Constitution of the Republic of Panama, the Civil Code of Panama, and Law 64 on Copyright and Related Rights, which were contrasted with doctrinal and comparative law. The article advances the thesis that the right to repudiate authorship established in Article 34 does not exhaust the protection afforded to the author. In cases involving unauthorized alterations that infringe upon the right of integrity, the author’s right to dissociate themselves from the work should be recognized together with the right to financial compensation. To overcome this antinomy, an immediate legislative reform is not required; rather, Article 34 should be interpreted systematically in conjunction with Articles 44, 45, and 48, thereby activating the compensatory mechanism provided for in Articles 173 and 174 of Law 64 of 2012. This proposal strengthens the legal certainty afforded to architect-authors, enhances recognition of their professional dignity, and encourages better contractual and interdisciplinary practices between the real estate sector and public institutions.

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