Abstract

MERCIO-CACHAPUZ, MARÍA CLAUDIA. The Limits of Subjective Rights through a Model of Basic Legal Positions. Rev. Derecho Privado [online]. 2017, n.33, pp.51-72. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n33.03.

The aim of this paper is to study the problem of the limits of constitutional rights, in an institutional level or in a concrete situation of conflict of interest. The paper proposes a comparison of Häberle's and Alexy's point of view, regarding the adoption of internal and external theories of restrictions on rights. It also proposes, through the Hohfeld's analytical model of basic legal positions, the correct interpretation to the analysis of hard cases.

Keywords : General Legal Theory; subjective rights; argumentation; interpretation; limits of rights.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )