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Temas de Direito Privado
REEXAMINING PROPERTY LAW Abstract: The conception of the Interventionist State, generated by a historical dialetical process verified between the Liberal State and the Socialist one, allowed the consecration of a social function to be observed by the bearers of the ownership. After that, proprietors began to be demanded for a behavior directed to the satisfaction of its individual interests, since that made compatible to the collective interest. Such circumstance generated a rupture in the way with which property was fit in the Law system. It was not anymore a mere facultas agendi granted to the proprietors, but also a source of duties. For some, property would have been become into a social function. However, the fact was a change occurred at the notion of subjective right generated by the interventionism of the State, when property began to be understood as a right guided by a social function. Keywords: Social function of the property. Liberalism. Socialism. Subjective right.