This work's purpose is the study and systematization of the Chilean Constitutional Court’s jurisprudence regarding the social function of property. We will start by differentiating the institution of expropriation from those of limitation and regulatory expropriation. Subsequently, we’ll clear that the Constitution has not defined the meaning of «social function» and that it applies to every type of property. We will then offer a concept of social function, and later refer to the limitations of property that derive from it. We will then sweep by the criteria which resolve whether a limitation is legitimate. Finally, we will draw final conclusions.
Keywords:
Social function of property - limitations - constitutional jurisprudence
Peralta Fierro, X., & Yáñez Morales, I. (2019). The social function of property in the jurisprudence of the Chilean Constitutional Court. Revista De Derecho Público, (91), 35–60. https://doi.org/10.5354/0719-5249.2019.55601
