Bienes de uso público de los habitantes: asiento de derechos privados

Abstract

There are many and varied studies and regimes of public goods in Colombian law, and their classification is structured in the Civil Code. In the present investigation it is tried to analyze if in Colombia there are legal phenomena by which the goods that show the quality of public use cease to be, either because they change their quality of public domain, that of a patrimonial property of the State or of the Individuals. The classification of goods has varied by the same legislative development and by the need to advance more efficient procedures in the field of civil law, as far as the public patrimony is concerned, it is as well, although there is a classification of goods: public And prosecutors, this division has generated controversy in such a way that it speaks of a category of goods and affections whose protection is imminent and is the primary task of the State. However, these assets deserve legal protection against the interests of individuals of wanting to appropriate and know that they are unencumberable, inalienable and imprescriptible, many individuals seek within the legal framework to seize them. Similarly, and under the government's pretensions, in the midst of the peace process, the appropriation of such goods for extractive use has been allowed, provided that environmental protection is guaranteed, thus addressing the constitutional prerogatives of articles 79 and 80 that establish work for a healthy environment for the enjoyment and enjoyment of all Colombians and the possibility of a Sustainable Development based on the rational and adequate use of natural resources, which in the administrative order have made possible the generation of entities, Such as CARs, National Parks and others, oriented to the care and protection thereof.