Régimen Constitucional del derecho fundamental de propiedad

Abstract

The fundamental right to property is recognized mainly in articles 2, subsection 16, and 70 of the Political Constitution of the State. Property is, therefore, and by elementary confirmation, a right with constitutional recognition, but with a development as much in the constitutional scope as in the properly legal one. Our constitutional jurisprudence has defined property as the juristic power that allows any person to use, enjoy, dispose and claim a good, which admits the possibility of varied treatments as for the types or modalities of goods that this may involve. The general rule that the Constitution establishes around property is its inviolability and it’s clear that, even though any person can be the titular of a property right, this does not mean it can be used for purposes that are incompatible with the common interest. If that were the case, its own physiognomy would be left relativized, if not distorted.