Abstract

The article tackles the task of reinterpreting the concept of private property from the Civil Code which lacks normative or justificatory content, based on related standards of individualism, abstraction and simplification, pertaining to a construct of the nineteenth century, but that will not reach their completeness until the pandectist work, and therefore is built on the premise that Bello would be as well as Portalis, a border man in his conception of property. Dogmatic, normative and historical elements will be used in order to account for the proposed conflict, not solved by the encoder, between liberty and equality, which allows the rebuilding the notion of property into a coherent system both in its subjective and objective aspect.

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