For the purpose of a pretended social function of propertyin Roman law: a current vision, under the prism of the economic analysis, of the law (AED)

Abstract

The right of property constitutes one of the legal institutions par excellence throughout history. In this case, and given its privileged and preferential creditor status, the Roman Law managed to configure it with an absolute and excluding character, although this statement deserves nuances, to the point of presenting limitations in its exercise and, even, perform the expropriation by cause of public utility and common interest. Precisely, the public utility and the common interest allow to establish a connection with the right of property in our days through the social function that must fulfill, in virtue of which the individual interest of the owner is subordinated to that of the community. Emerges here the relationship between justice and efficiency in decision-making, fertile field for the economic analysis of law, which allows us to establish, not without risk, the appropriate link with the Roman Law, with the clear intention to claim their projection and incidence in our days despite the conceptual and chronological disparity..