Análisis de la enajenación temprana desde la elasticidad de la propiedad y la mutación de la naturaleza jurídica
The figure of early alienation derived from the extinction of dominance in Colombia, arises as a mechanism of administration of the goods subject to extinction of dominion in order to safeguard public resources and the same integrity of the assets. This mechanism becomes a delimitation of the right of prívate property, whose foundation is focused on the public function of the property, however, and derived from the change in ownership in favor of FRISCO, this is a state entity, describes the possibility of a mutation in the nature of the goods, thesis that was decanted throughout the text. Likewise, an analysis of judgment C-397 of 2019 is carried out, by means of which the constitutionality of the norm is declared, and that through its ratio decidendi establishes the reasons of right that give rise to restricting the right of the prívate property, based on the proportionality and rationality of the measure with respect to its purposes.
Fuente:
Universidad Externado de Colombia
Formatos de contenido:
Tesis
