Legal-Notarial Analysis of Property Rights and Natural Resources

Individual and Collective Actions

Abstract

The right of ownership in Argentine legislation and the prerogatives that derive from it—powers of disposition, use, enjoyment, and receipt of fruits—entail different legal consequences not only regarding substantive law but also procedural aspects. Natural resources, which are part of what was doctrinally conceived as "third-generation rights" or "collective impact rights," present a new form of analysis concerning their ownership, as they transcend the individual scope. This has implications for active legitimization in exercising actions to protect them. Thus, this work analyzes from a legal-notarial perspective the ownership of natural resources as well as their importance concerning the constitutional legal consequences related to active legitimization for the exercise of individual and collective actions derived from them.