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Revista eleuthera

Print version ISSN 2011-4532

Abstract

SILVA-FERNANDEZ, Roberto. POSSESSION VERSUS PROPERTY RIGHT: A DEBATE ON VALIDITY AND UNRESOLVED RELEVANCE. Rev. eleuthera [online]. 2019, vol.20, pp.135-154. ISSN 2011-4532.  http://dx.doi.org/10.17151/eleu.2019.20.8.

Objective.

To contribute to the debate standing out the historical and legal justification or non-justification of possession, which as a provisional right retains almost prevalent validity over property rights in the Colombian legal system.

Methodology.

The description of the historicaljuridical panorama, mediated and delimited, has been considered for its analysis according to the stated purpose. It begins by describing its evolution and adds for the analysis the theoretical foundations, normative and jurisprudential development.

Results.

Analysis of possession and property figures in terms of justification, relevance and validity from Roman law, through the Napoleonic Code and up to the present.

Conclusion.

In times when the concept of property and its social function has been reevaluated and expanded, it is obsolete that the right of possession remains valid, as it distorts a right that has been so fundamental for Western democracies, such as property.

Keywords : fundamental right; possession; property right; social function of property.

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