The civil cornmunal property was highly rooted to the idiosyncrasy of the Indians at the time of the Spanish arrival in America. At first, this was supported by the legislation OS the Indian law, not only by respecting the necessity of communitarian goods by the natives, but also as a source of commonwealth for the new neighbors of the city of village. But since late the xm century initiated a modernizing process destined to abolish the communal property over the land in all manifestations, looking Sor finishing the domain restrictions and the poor productivity that this kind OS property. Later, both the constitutions as the codes and laws OS the new American republics take this instance, generating a process away from the prevailing reality, therefore, not quite pacific and organized.
Levaggi, A. (2010). Marco jurídico de la propiedad comunal civil en hispanoamérica hasta el siglo XIX. Revista Chilena De Historia Del Derecho, (22), Pág. 939–948. https://doi.org/10.5354/rchd.v0i22.22137