Journal of Constitutional Law (Dec 2022)
The Legal Dimension of the Social Function of Property
Abstract
The right to property is of special importance in a modern democratic society. In addition to its legal dimension, it has a political, social and, to some extent, moral dimension as well. That is why, when understanding the right to property, it is impossible to ignore its multifaceted nature. The social function of property especially well represents its role in shaping such important values for modern society, as social justice, general economic equality and fair social policy. The article discusses the essence of the provision – “ownership obliges”, the historical development of the idea of the social function of the property right in the light of the philosophy of law, as well as the entry in the first Constitution of Georgia, which reflects the social understanding of property, i.e., its social chaining theory. The present article discusses the notion of the social function of property rights. In addition, the article in general terms, compares the practice and approaches of the Constitutional Court of Georgia and the Constitutional Court of the Federal Republic of Germany regarding the social chaining effect of ownership. In conclusion, the article supports the idea that the social function of property determines the guarantees of individual property rights, although, at the same time its limitations, which considers the social function of property as an institution, as well as the entire social order in the state.
