THE LIMITS TO THE RIGHT OF USE OF THE LEGAL FOREST GOVERNMENT IN THE CURRENT LEGISLATION OF NICARAGUA

Abstract

Article 98 of the current constitution, reformed in 2014 states that “the state’s main function in the economy is to achieve the sustainable human development in the country ..”.This State’s function implies that the economic activities of the forest sector should be commited under a sustainability model, otherwise, the economic function of forest property should consider other important functions like social functions, cultural, politics, ethics and environmental within the framework of the theory of sustainability and the multifunctionality of right to property. On the other hand, the current forest legislation (article 2, law 462 and its reforms), establishes that the forest flight belongs to the owner of the land, otherwise, the forest flight is a legal property by accession and therefore, depends of the property type (8 in total according to the constitutional reform), that’s how the use is determined. Good to mention that the current civil code establishes that the right to property is the right of use, enjoy and dispose of the thing without further limitations than those established in the lay. Well, these limitations on the right to property, especially to the right of the use of forest goods established in the current legislation of Nicaragua constitute the object of study of this article, that for reasons of space we will only address, the closu