Limitations on housing acquired in the National Housing Finance System

Abstract

The property right must be considered as a private patrimonial right, but which at the same time must satisfy the interest of the community, its social function. However, this function does not mean that private power is granted so that through the proper use of the thing it results a benefit for the community and, if not, the property right is lost. Thus, we must begin by affirming that non-use is not a cause of loss of real property rights, as if it happens in real rights of enjoyment (usufruct, use, habitation and easement). We believe that the social function of property must be understood, then, from two points of view: the first, when it comes to public goods, in which case it must always fulfill a public purpose; in the second sense, when it refers to private patrimonial assets, in which the property right must first satisfy the needs of the owner and then those of society. It means that private property must be in accordance with the conveniences of the community through the establishment of limits and duties in charge of the owner - the individual interest is reconciled with the social interest.