Land and Other Property

This chapter addresses the different ownership paradigms experienced in Latin American jurisdictions. The Allocation paradigm was the first link in an uninterrupted chain of ownership paradigms. That link extended mainly during the early modern period. That first part of the chapter explores Native American land relations, European access to lands in the Americas, and the individual and communal interests of different actors. The second link comprised the Liberal paradigm, which developed mainly during the nineteenth century, together with new vernacular legislation. There, attention is devoted mainly to codification, a phenomenon that served as a means to both encapsulate and disseminate the new paradigm. The third link comprised the Social Function paradigm, which started to develop at the turn of the century and took force during the beginning decades of the twentieth century. Property law experienced at that time a socialization process since the Liberal paradigm had offered few limitations to the right of ownership. This final part of the chapter explores the origins of the new paradigm; while describing its reception in constitutions, codes, and special legislation.