Constitution of servitudes over own-property by means of owner's destination. Reinterpretation of the "alienation" concept

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Abstract

The principle nemini res sua servit iure servitutis and its effects have created several practical difficulties against the owners. This paper discards as ways of solving these difficulties, the servitude over own-property and the constitution of easements by unilateral-conditional acts. In contrast, this paper states that the solution of such difficulties may be achieved through the reinterpretation of the "alienation" concept included in article 881 of the c.c.ch. and in article 938 of the c.c.col., in light of the requirements of the abovementioned principle, the recognition of property rights over intangibles and the ample interpretation of the "land" concept existing nowadays.

Translated title of the contributionConstitution of servitudes over own-property by means of owner's destination. Reinterpretation of the "alienation" concept
Original languageSpanish
Pages (from-to)179-229
Number of pages51
JournalRevista de Derecho Privado
Issue number34
DOIs
StatePublished - 1 Jan 2018

Bibliographical note

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© 2018 Universidad Externado de Colombia. All rights reserved.

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