Approaches to the Device of the Social Function of Property in Argentina and Colombia

Abstract

A comparative analysis of the legal device of the Social Function of Property between Argentina and Colombia is done in this paper. Thus, it seeks to contribute to the current debates around the unification of the Colombian Civil and Commercial Codes (Alarcón & Villalba, 2020) and the Argentinian Law Project of Access to Land (Union of Land Workers 2020). These proposals have been in instances such as thehe legislature, judiciary, and academia by organizations, public and state institutions, and personalities of each country from 2016 onwards. The comparative analysis at issue implied observing the emergence, reception, and implementation of the Social Function of Property device in Colombia and Argentina, as contexts of discursive enunciation. In turn, this analysis aimed at accounting for a Latin American context that allows for understanding the emergence of the Social Function of Property device in Europe and, above all, the rescue/reception and transmission/communication/implementation of this legal figure in Latin America. This account allowed for observing, in the second part of the manuscript, the powerful political emergence of two contemporary voices, those of Jorge Eliécer Gaitán and Juan Domingo Perón, and the adaptation of the Social Function of Property device within their respective political discourses on on the property and land productivity.