The attributes of the right to domain and the social function in urban and rural

Published 2024-03-27
Section Research Articles

Authors

DOI:

https://doi.org/10.7770/rchdcp-v15n1-art330

Keywords:

attributes and powers of ownership, demarcation, urban and rural property

Abstract

This article analyzes the concept of domain from the regulation given by the Civil Code and its link with property as a right enshrined in the Constitution. The above, with the purpose of confirming or rejecting the hypothesis that the current regulation of real estate is in line with the "social function" of urban or rural property. The current configuration of property includes not only powers, but also obligations and burdens, confirming that the right t property in its individual exercise -and placed at the service of its owner- is compatible with the idea of "social function". Considering this function, while the legislator establishes limitations and burdens on the right to property, the Administration continues to make progress in its configuration and delimitation.

Author Biography

Yasna Otarola Espinoza, Universidad de los Andes, Santiago, Chile

E-Mail: yotarola@uandes.cl