Property Law Innovation in Latin America with Recommendations

摘要

In most Latin American agrarian reform movements, governments restrict propertysize and the ability to mortgage, inherit, sell, and rent, and also mandate some form of land use (e.g., agriculture), all in order to prevent a reconsolidation of landholdings and the return of large estates. Since 1990, Nicaragua, Peru, Mexico, and Honduras have passed new legislation to eliminate at least some of the these restrictions. The study analyzes and compares these new laws and their impact on the historically disadvantaged, trade and investment, and the environment. The study suggests that the removal of restrictions on agrarian reform properties should be undertaken with care; preliminary evidence indicates the need to take account of the special needs of women, the poor, and indigenous groups, and to balance private sector needs against those of the historically disadvantaged and environmental policy. General guidelines for efforts to modernize property law are presented in conclusion.