Pour une déconstruction du concept de propriété dans les Andes centrales

The concepts and rules associated to European systems of land law have historically spread throughout South America. This import did not arrive without creating difficulties, however ; just like in Europe, the new ideas implemented by the civil code backlashed, as shown by forms of resistance and obstacles to the implementation of the models represented by the codes and by the “official” doctrine. In South America, these reflect a complete lack of understanding of the alternative forms of land tenure ofthe traditional societies, which are now the basis of the land claims of autochthonous peoples. This paper studies the high Andean region which is currently part of Peru and Bolivia. Based on a comparative historical approach, this study advances a critical analysis of the legal transplant of possessive individualism in the region.