The purpose of this entry is twofold: on the one hand, to present the most current jurisprudential criteria of the Chilean Constitutional Court in relation to limitations on property rights; on the other hand, to make a brief critical evaluation of such criteria. All this with the aim of contributing to reduce the binary assertion that deprivations to the right to property are compensable, but not the limitations to their exercise, especially when these have been motivated by their social function. To this end, it will present some criteria formulated by the Chilean Constitutional Court and then contrast these standards with those that have been asserted by some Courts that, without completely overcoming the binary mentioned, have formulated criteria that at least moderate or problematize said binomial.

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Property Right: Chilean Perspective

  • Ignacio Covarrubias Cuevas

摘要

The purpose of this entry is twofold: on the one hand, to present the most current jurisprudential criteria of the Chilean Constitutional Court in relation to limitations on property rights; on the other hand, to make a brief critical evaluation of such criteria. All this with the aim of contributing to reduce the binary assertion that deprivations to the right to property are compensable, but not the limitations to their exercise, especially when these have been motivated by their social function. To this end, it will present some criteria formulated by the Chilean Constitutional Court and then contrast these standards with those that have been asserted by some Courts that, without completely overcoming the binary mentioned, have formulated criteria that at least moderate or problematize said binomial.