Fish

viernes, 15 de octubre de 2010

About Ownership, Property and Agricultural Property.

In these considerations, we use the Socratic method mayeutics, explaining each point of view through the questions that were formulated in this regard. Let's see.


1. What is Property? To conceptualize the property must begin by detailing the vision for the world has to lay on it. So people perceive the property through the organ of sight. It is what is perceived as a sign of externality, that thing that looks like under the rule, power or dominion of someone.
In the legal sphere the idea is somewhat complicated. And it states that the property is the real right to use, enjoy and dispose of things of which you own, subject to the restrictions imposed by law and enforceable by various actions. This concept, perfectly valid in civil matters, was tuned by Roman lawyers over time and tailored to the social circumstances of Rome. But the law as a social phenomenon, it evolves and in some cases to redefine, expand or create new institutions to be in sync with social reality.
Thus emerges the Agricultural Property, as a protection and development of State on agricultural land with ensuring food security of the nation laying the foundation of integrated and sustainable rural development. This property could be defined as the right of farmers to use, enjoy and feel the fruits of the lands they occupy, can not land transfer, but if what has been promoted over her, with prior approval of the competent body.


Agricultural Property, is the materialization of the land to produce food and agricultural purposes. Not subject to a degree that meets the requirements of the Registry and Notary Public, but to the Law on Land and Agricultural Development, which is to develop programmatic provision contained in Article 307 of the Constitution of the Bolivarian Republic Venezuela. The junction between the two legal is the activity of the right to use and enjoy, distancing both lenses through the presence or absence of physical acts (factual).


2. Do you have a Specificity Agricultural Property? Upon entering the distinct comparison between the Property and Agricultural Property, note that the latter focuses on the activity carried on the good food.


It is inconceivable in the modern agrarian law, the use of property or right if it is not intended for agricultural production for both economic improvement of the right holder, his family and the nation itself. Moreover, in the modern agrarian law, possession is seen as an element whose presence is necessary for the existence of Agricultural Property.


In relation to agriculture, the lack of possession the owner submits a risk to the real right, as it is considered that does not develop a positive activity in the field. Is an essential element of agricultural property, agricultural activity, ie the use of the property owned in order to perform the activities of the primary sector of the economy, in a just distribution of wealth. Possession is a fact that the law protect civilians through the exercise of possessory actions, which are applied in the field of agriculture, just as the squatter is protected through the establishment of the right or guarantee of permanence.






It is inconceivable in the modern agrarian law, the use of property or right if it is not intended for agricultural production for both economic improvement of the right holder, his family and the nation itself. Moreover, in the modern agrarian law, possession is seen as an element whose presence is necessary for the existence of Agricultural Property.


In relation to agriculture, the lack of possession the owner submits a risk to the real right, as it is considered that does not develop a positive activity in the field. Is an essential element of agricultural property, agricultural activity, ie the use of the property owned in order to perform the activities of the primary sector of the economy, in a just distribution of wealth. Possession is a fact that the law protect civilians through the exercise of possessory actions, which are applied in the field of agriculture, just as the squatter is protected through the establishment of the right or guarantee of permanence.

No hay comentarios:

Publicar un comentario en la entrada