«Dreptul trebuie să fie social» Otto von Gierke şi solidarismul Constituţiei din 1923 (I)

Abstract

Departing from the Romanian Constitutional regulation of property from 1923 to 1934 controversies on the nature of the property as subjective right and/or social function, the present paper aims to reconstruct an unitary theoretical framework within the legal thought which could explain more widely the Romanian Constitution from 1923 as a solidarist constitution. We shall try to show that Otto von Gierke´s doctrines on Genossenschaft and Sozialrecht could aptly fulfill that role although (or rather because) it is not so well known among the Romanian legal scholars. The first part here will deal with the controversy on the nature of property by rising some questions, while the second to follow should offer some answers from Gierke´s work.