The Right to Private Property and Limitations for the Purpose of Public Interest

The right to property is a guaranteed right. Property is the right of an individual to own,dispose and enjoy an asset, absolutely and exclusively, within the limits determined by law, thereforeits scope is not unlimited. The content and limitations of this right are established by law and thedoctrin...

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Bibliographic Details
Main Author: Adriana Pascan
Format: Article
Language:English
Published: Danubius University 2012-08-01
Series:Journal of Danubian Studies and Research
Subjects:
Online Access:http://journals.univ-danubius.ro/index.php/research/article/view/1517/1266
Description
Summary:The right to property is a guaranteed right. Property is the right of an individual to own,dispose and enjoy an asset, absolutely and exclusively, within the limits determined by law, thereforeits scope is not unlimited. The content and limitations of this right are established by law and thedoctrine makes a distinction between the material limitations and judicial ones, stating that thedistinction between the right to property and the object of this right and the judicial will. When theright to property brings a prejudice to the general interest of a society and endangers the socialharmony, the legislator intervenes and limits the rights to private property as this right cannot be anabsolute right under these conditions.
ISSN:2284-5224