Rights when acquiring a property
Introduction
Property is the right of belonging on a certain thing, assigning to the individual the ability to enjoy and dispose of it according to the autonomy of their will, all this, without limiting the rights of the conglomerate or contrary to the established legal order. In that order of ideas, the term property is classified according to its common or individual origin, if it is private or public. According to its nature, if it is a furniture or property, corporeal or incorporeal and according to its object or destination if the good is designated to its consumption or production.
Developing
In the case of private property, this finds asylum, both in constitutional instruments, and in the international treaties to which our nation linked through the constitutionality block is registered; In the case of the Colombian Political Constitution, this contains special provisions that deal with both limiting and guarantee before such a spectrum, which rests as follows in article 58: “Private property and other rights acquired with Arrangement to civil laws, which cannot be unknown or violated by subsequent laws.
When, from the application of a law issued for reasons of public utility or social interest, the rights of individuals are conflict with conflict with the need for it recognized, the private interest must yield to the public or social interest. The property is a social function that implies obligations. as such, is inherent an ecological function. The State will protect and promote the associative and solidarity forms of property. For reasons of public utility or social interest defined by the legislator, there may be expropriation through judicial judgment and prior compensation.
This will be set by consulting the interests of the community and the affected. In the cases determined by the legislator, said expropriation may be advanced by administrative route, subject to subsequent contentious-administrative action, even with respect to the price.”Likewise, within the international instruments, article 21 of the American Convention on Human Rights or Pact of San José establishes that:“ Everyone has the right to use and enjoy their assets. The law can subordinate such use and enjoy social interest. No person can be deprived of his assets, except through the payment of fair compensation.
conclusion
For reasons of public utility or social interest and in cases and according to the forms established by law. Both usury and any other form of exploitation of man by man, must be prohibited by law.”In that sense, it is understood that private property is that power that the Colombian State grants its holder to use, enjoy and have a thing, without further limitations than those established by the legal system according to its social conception and Ecological. In these terms, the Colombian State, provides different instruments to protect private property such as marriage capitulations, family heritage and family housing affectation.
Leave feedback