What is the relationship between the principle of social function and real estate law?
The principle of social function is important in modern civil law, and in the real estate sector, it is no exception! Learn more about this topic.
Your property must fulfill a "social function" — understand what that means in practice
Ownership of real estate is not an absolute and unlimited right. The Constitution makes the right to property contingent upon its fulfillment of a social function—and this has direct consequences for various real estate proceedings.
The 4 rights that constitute property
- Use — use it however you like
- To enjoy — to reap the benefits of it (rent, for example)
- Dispose of — sell, donate, mortgage
- To reclaim — to take back from whoever is in wrongful possession
Where the social function comes in
The law states that these rights must be exercised in harmony with social and economic objectives—preserving the environment and historical heritage, and ensuring that the property is not simply left abandoned or unproductive.
Why does this matter for your case?
It is precisely this principle that underlies legal concepts such as adverse possession—when the original owner does not use the property and another person exercises actual possession, the law recognizes this new reality.
Contact Tettu
We understand how this principle applies to your specific case.