Abstract

PENA HUERTAS, Rocío del Pilar; PARADA HERNANDEZ, María Mónica  and  ZULETA RIOS, Santiago. Agrarian Regulation in Colombia, or the Eternal Déjà vu of Concentration and Dispossession: an Analysis of Colombian Legislation on the Agricultural Sector (1991-2010). Estud. Socio-Juríd [online]. 2014, vol.16, n.1, pp.123-166. ISSN 0124-0579.  https://doi.org/dx.doi.org/10.12804/esj16.1.2014.03.

This paper argues that the institutional framework established in agricultural property legislation from 1991 to 2010 is not based on land distribution but that, on the contrary, it promotes or allows concentration of land ownership. This runs contrary to the thesis that holds that the land issue is a consequence of improper application of rural property regulations. Furthermore, the paper argues that on the issue of rural land, the constitution of 1991, despite its emphasis on guaranteeing rights and despite having changed a large number of social and political structures, preserved the age-old and classic liberal structure of property rights regulated through the Civil Code. Even though the phenomena of concentration and dispossession cannot be explained through legislation alone, it does shed light on these situations. In this order of ideas, an analysis of the legal provisions will be made to establish whether they contain elements designed to contribute to the concentration and dispossession of land in Colombia.

Keywords : Concentration; dispossession; small farmers; legal regime; property.

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