The Conception of the Private Property Contained in the Colombian Lands Law of 1936

Abstract

Starting from the thirty’s, in the XX century in Colombia a marked social tendency is introduced in private law, which obeyed to the development of economic law in Europe. This tendency modified the scope and the content of private property in the laws of the time, two of these important modifications were the legislative act 01 and the law 200 of 1936, well-known as the regime of lands. This article starts from a documentary analysis of the mentioned legal norms, the newspapers and the debates in the Congress of 1936 related to private property, and it maintains that such study must start off from the political context of this decade that showed a serious agrarian problematic. It concludes that the private property ceased to be an absolute right to be conceived as a social function in which the general interest prevails over the particular interest.