Properties and constructions

The right of property is, according to the Civil Code, the right of a person to enjoy and have a job exclusively and absolutely, but within the limits determined by law. Depending on the owner and characteristics, the property can be private or public.

Private property right is defined as the main real right which gives to its holder the attributes of possession, use and disposition (jus possidendi, jus utendi, jus fruendi, jus abutendi) over the property appropriated in private form, attributes that can be exercised absolutely, exclusively and in perpetuity, while respecting material and legal limits [1]. It may be the holder of the private property right both a natural person and a legal person, including the state. However, if the state holds property with private property titles, they are subject to the same legal regime as the property owned by any other person.

Possession (jus possidendi) is the right to master the good. In this sense it is an element of law, and not an element of fact (which results from the concrete mastery of the good). The use (jus utendi and jus fruendi) includes both the use of the good and the harvesting of its fruit. The disposition (jus abutendi) has two elements: the material disposition on the good (in the case of tangible goods (which expresses the possibility to change the form of the work, to transform, destroy or consume its substance)) and the legal disposition (which expresses the possibility of alienation in whole or in part of the property right).