Community property: the paradox of owning everything and owning nothing

What social and legal impacts does the regime of joint and several ownership of a rural property generate in the community? This regime is regulated in the Civil Code as a quasi-contract. It is a form of property devised for particular and transitory legal situations such as inheritance. The Code itself establishes that no one is obliged to live in community, because it can be demanded, even through the courts, its liquidation.
However, despite the fact that it was originally intended as a transitory space called for its liquidation, it has become a permanent figure used by INCORA (as a mechanism of agrarian reform) or by individuals in the acquisition of land. This generates different relationships within the community that are characterized by dependence among the co-owners, the lack of clear rules and the difficulty to liquidate the community. In this sense, the lack of clear rules generates community arrangements that influence the decision making process regarding the land assigned to each community member. This research uses a case study to understand the social and legal limitations and problems that arise from the common and proindividual property regime.
The project is justified by the need of these communities to materialize the liquidation of the community, a right that is systematically obstructed by a series of requirements from the public authorities that, in turn, generate friction within the communities. The analysis of the social situation and the interpretation of the norms that regulate the matter is the first step to guarantee a full property right to each community member.

Peasant Reserve Zone; we stopped; delimitation; institutional designs; peasantry; access to land; property rights; land use; territorial ordering.

15-07-2020 decide iniciar en enero de 2021, pendiente respuesta comité de ética y presupuesto mes a mes

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