Public goods and the Right to property
DOI:
https://doi.org/10.24965/reala.vi317.10093Keywords:
Public goods, financial assets, global public goods, property law, abuses, usus and fructusAbstract
Reflections collected in public property are currently experiencing a renewed prominence, due mainly to the globalization of the concept. Certainly, the increasing of environmental concerns highlights the importance of a new category of public goods, which hasn't been addressed by the jurists yet: global public goods, Anglo-Saxon notion coming from the economy and that encompasses universal value goods, whose management must meet objectives of solidarity. In this context, it should be noted that one of the main elements of debate about environmental public goods is the analysis of the threats of overexploitation and degradation that affects them. Therefore, and to address this phenomenon, this paper identifies two categories of goods (financial assets and global and national public goods) and examines how to exercise the property law on each of them, focusing on its three attributes: the abusus, usus and fructus.