Evolution of ownership theories and its recognition as an autonomous institute

Abstract

The themes of ownership and property have followed man since he began to narrow his relationships with things available in the world that were useful to his advantage, in this trajectory, numerous discussions were installed from the theoretical sphere of legal thought to factual conceptualization, with concrete consequences in the economy and especially in the social area. As a research problem, has this question: In what way did the concept of ownership evolve until its recognition as an autonomous institute of property? Therefore, the general objective is to analyze the evolutionary trajectory of thoughts in theories of ownership, the strengthening of its relationship with the social function element over time, and the consequent recognition of ownership as an autonomous institute against property for this, the following specific objectives were outlined: outline a brief history of the emergence and recognition of ownership in Law; show the conceptual evolution of ownership within theoretical development; to present the growth of the influence of the social function element in the institute of possession of the historical context until its recognition as an autonomous institute. We use the deductive method to present bibliographic documental research. As the law comes in the wake of society, the right to the property changed from an absolute right to a relative right by the criterion of exercising the social function of the assets to the detriment of purely individual interests with the Institution of the Social State of Law. In this tune, possession gains strength and recognition, as it represents the exercise of supplying basic human needs, the realization of citizenship, and, consequently, of human dignity. Therefore, the theory that substantiates the legal protection of ownership is in transition, from objective theory to the sociological theory of ownership, recognizing this strengthening of ownership, including constitutionally.