Abstract

ROSSO-ELORRIAGA, Gian Franco. Constitution of Servitudes over Own-Property by Means of Owner's Destination. Reinterpretation of the "Alienation" Concept. Rev. Derecho Privado [online]. 2018, n.34, pp.179-229. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n34.07.

The principle nemini res sua servit iure servitutis and its effects have created several practical difficulties against the owners. This paper discards as ways of solving these difficulties, the servitude over own-property and the cons titution of easements by unilateral-conditional acts. In contrast, this paper states that the solution of such difficulties may be achieved through the reinterpre tation of the "alienation" concept included in article 881 of the c.c.ch. and in article 938 of the c.c.col., in light of the requirements of the abovementioned principle, the recognition of property rights over intangibles and the ample in terpretation of the "land" concept existing nowadays.

Keywords : Nemini res sua servit iure servitutis; destination of the owner; exten sion of the alienation concept.

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