Private property and indigenist territory: the individualism-collectivism dichotomy

Abstract

This article aims to develop a comparative analysis of the private and indigenous property regime in Colombia. To achieve this, antecedents have been established on the rights of indigenous peoples in Colombia and a conceptual framework of indigenous territories and their collective character. A close approximation of the private and indigenous regime is attempted based on the theoretical framework of domain rights derived from the Roman tradition and embraced by the Colombian civil system. It is concluded that there are notable differences between both regimes from the individualism-collectivism dichotomy. Nonetheless, there are also similarities, such as the limits for the exercise of the right. The methodology used was descriptive since this document's general objective is constituted by a phenomenological object (domain right), which it is intended to characterize.