A propriedade como relação jurídica complexa

Abstract

In this master's dissertation, the main objective was examining the new property contours, as a complex juridical relationship, weighed down with rights and duties. Therefore, the work began with brief news about the foundation and

historical aspects of the institute, not only for the chronological inclination, but also for kinds or economics patterns of property (community, divided, individual an collectivist). Afterwards, it was about the property concept, by the traditional view, typical from the Nineteenth Century thought, viewed as mere subjective right, until the contemporary point of view, which faces it as a complex juridical relationship. On the fourth chapter, the shattering of the unitary concept of property

was focused, which no more cope with embracing the countless illustration of the institute, that more contrasts for the difference than approach for the likeness. On fifth sixth and seventh chapters, were studied the object, property (or properties) content an characteristics, not more for the strict angle of things right, but under the focus and constitutional inclusion, as well as its connection with the private autonomy. On eighth chapter, the constitutional right of property was studied, with special prominence for the meaning of the institute in the present Constitution. Afterwards, the ninth chapter was about the property social function trying to apprehend its nature meaning and operating way. Finally, there was the approach of tutors matter - or not - about the property that doesn't execute its social function, followed by the analysis of Tribunal's decisions and the focus on Civil Code Project on the theme