Abstract

SANTAELLA QUINTERO, Héctor. Notes about the concept and the guarantee of the right of property in the Colombian Constitution. Rev. Derecho Privado [online]. 2011, n.21, pp.233-253. ISSN 0123-4366.

This article presents the need of exploring the constitutional regulation of the right of property as a condition to an appropriate reconstruction of its content and concept, as well as a prerequisite to determining the meaning of the idea of its constitutional guarantee declared by article 58.1.1 of the colombian constitution. The social changes, the proliferation of numerous forms of property hardly capable of being subsumed under the traditional notion of the civil code and the recognition of remarkable intervention powers to the State in order to assure the protection of the public interests set out this demand. It appears as a plausible way of establishing a common foundation to all relations among the authorities, the privates and what is been acquired by them. On one hand, this approach formalizes the submission to public intervention of all patrimonial relations; on the other hand, it rationalizes these meaningful powers given to the State and sets into action the guarantee of property right proclaimed by the constitution.

Keywords : Property right; constitutional guarantee of the right of property; regulation and taking.

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