Economy
President Hugo Chávez claims that private property should be respected, but as his socialist model goes on, private property is minimized.

In several speeches, the head of state has said that houses and vehicles should not be viewed as commodities and, therefore, they cannot be sold. This concept limits one of the attributes of ownership: disposal of goods.

Under article 115 of the Constitution, "the right to ownership is ensured; any person is entitled to the use, enjoyment and disposal of his/her goods."

Use is construed as the right to possess and get all the services of ownership; enjoyment is the right to perceive the proceeds and any income from the property; disposal is the right to sell, make a gratuitous loan or grant.

At the present time, in the case of the houses that are being built by the government, the recipients receive a deed of adjudication and in the award ceremonies the head of state advises families, "these houses are for you, they cannot be sold."

Not only there are restrictions with housing, but also with different assets. For instance, during a broadcast of his TV and radio show "Aló, Presidente," Chávez commented that a vehicle "is a good intended to meet a need: transportation –individual transportation, family transportation, transportation for work."

Attorney José Vicente Haro explained that in the face of the statements, "private property becomes a precarious right." In his view, "there is some form of ownership with some attributes, but wherever is stated that the individual inherits any property, there is an attempt at preventing trade; therefore, it becomes a sui generis property, void of content, because it cannot be transferred, encumbered or mortgaged."

In the expert's view, upon delivery of a deed of adjudication, a form of ownership which is not under the Venezuelan legislation applies. "Nothing prohibits it, or regulates it and somehow collective property begins."

Strides
While the constitutional reform was rejected, little by little the head of state has made headway with his socialist model, which means encouragement of social property and collective property. In both forms, communes have the power. The 2007-2013 Plan for Economic and Social Development sets the guidelines to organize social production enterprises. And the National Assembly is working already on a legal framework for this new form of ownership.

Haro commented that in the event of adjudication of assets, particularly houses, disposal is in the collective hands. "Any decision on what to do with the assets goes to the communes."

In the socialist cities that are being organized, residents are subject to the decisions of community councils. Therefore, any changes that may be made to the houses are up to the communities.

The lawyer fears that the need to have a roof over their heads makes people accept such a scheme. "People are giving in, because they need a house. For its part, the state is not encouraging policies which allow for purchase of private houses."

marmas@eluniversal.com

Translated by Conchita Delgado

Mayela Armas
EL UNIVERSAL