Reconceptualizando la propiedad en transición hacia la paz: el papel de la jurisdicción de restitución de tierras en el Caribe colombiano

Abstract

By doing qualitative analysis of judicial rulings from land restitution judges in the Colombian Caribbean region, this paper seeks to explore some of the elements that have allowed for the expansion of the concept of property in the Colombian transitional context. Reviewing the role of judges and rulings allows for a deeper understanding of the complexities and nuances within the legal construction of property, which go beyond the traditional binary model that oscillates between classical theories and the social function of property. The results of this research suggest that land restitution judges have exceeded the simplicity of the formal conception of property, and in turn, have developed a new legal understanding of property that takes into account context, recognizes the particularities of the actors involved, their social and cultural conditions, and allows for a dynamic understanding of property.