SOBRE EL ANÁLISIS ECONÓMICO EN MATERIA DE DERECHOS REALES: APRECIACIONES BÁSICAS DESDE EL SISTEMA ARGENTINO.

Abstract

In an apparently novel focus, in-rem law, like so many other branches of juridical affairs, faces the arrival of an entire current in doctrine that assesses the economic implications of the rules of the system, especially as they touch upon the sphere of real estate. This, however, is a question of something that beats behind each one of the real rights in their genetic fundament, as has been well shown by historical research. Classification (not numerus clausus; this is an important distinction, because only the notion of classification can be predicated, in one way or another, on any system of laws) has always looked at the economic ratio of each institute, to construct on that basis a consistent system that is a given for us and whose current aspiration to greater openness finds little field of application, precisely for that reason.