Private property: trend of jurisprudential rules in Colombia based on the collision of general interest and particular interest

Abstract

Private property as a factor of power and wealth, whoever owns land can make use of property attributes such as: the use, disposition and enjoyment of assets, the most recent regulations establish: territorial ordering, the social function, the ecological function, the prevalence of the general interest over the private interest and the equitable distribution of the burdens and benefits, have generated limits and restrictions to the right of private property, and as a consequence patrimonial affectations have been made to the owners of the goods since these decrease their market value when they are subjected to the social function or ecological function of private property.

The Political Constitution and the law have generated that private property has legal security in the national order, such as not being affected by subsequent norms or laws as established in article 58, but at the same time this limited constitutional article with the figure of the administrative expropriation that the State can carry out in relation to the fact that the general interest must take precedence over the particular interest of the assets in Colombia, thus achieving that the owner or owner of the asset must part with their right to property for the benefit of the community. A correlational research model is inserted in the article, where the phenomenon is explained, it is about establishing how two variables interact, on the one hand, the phenomenon of the collision of private interest / general interest with respect to private property, thus integrating the correlationality.