The social function and the relational conception of private property

Authors

  • Sergio Fuenzalida Bascuñán

DOI:

https://doi.org/10.18042/cepc/aijc.29.02

Abstract

Private property has usually been characterised as a real right held by a person over a thing. Property, however, has a social dimension. This dimension has been approached from two perspectives that, although they find similarities from a functional level, differ from a theoretical point of view. The first has been developed by continental law and supports the social function of property. This approach has had wide recognition at the European and Latin American level. The second addresses the issue from a broader perspective based on a relational conception of human rights. This doctrine has been developed in Anglo-Saxon thought. The present work makes a comparison between both perspectives, highlighting the elements that enable a conception of private property in light of the social nature of the human being and the demands of a better democratic coexistence.

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Published

2025-06-25

How to Cite

Fuenzalida Bascuñán, S. (2025). The social function and the relational conception of private property. Anuario Iberoamericano De Justicia Constitucional, 29(1), 49–78. https://doi.org/10.18042/cepc/aijc.29.02