The concept of „possessions” under the European Convention on Human Rights
Journal Title: Revista Institutului Național al Justiției - Year 2018, Vol 44, Issue 1
Abstract
Ownership is a fundamental right, recognized by the European universal and regional human rights protection mechanisms. The European Court of Human Rights has examined many cases related to property protection, providing a broad interpretation of the term "good" in the context of Additional Protocol no. 1. The European Court of Human Rights gives a broad and autonomous interpretation of the term 'good' and when the applicant argues 'legitimate expectation' on patrimonial rights, the Court, following a detailed analysis of the circumstances of the case and the applicable domestic law, applicants. There must be a foundation in domestic law that gives rise to a patrimonial interest, and as a good constituted by a legitimate expectation to be recognized, the applicant must have a right that can be recognized. Studying the practice of the European Court of Human Rights on property protection cases, there is an extensive approach to this term, including real rights, debt rights, succession, entitlement to benefits, right to pay, and so on.
Authors and Affiliations
Petru Loghinescu
Keywords
Related Articles
- EP ID EP406121
- DOI -
- Views 104
- Downloads 0
Scientific-practical importance and utility of the judge`s activity in exercising and strengthening of justice
Activity on justice court under authority delegated by law, as a spear tip in the exercise of rule of law, is monitored and watched very carefully by the public and thus the scientific-practical activity, which is a part...
FORENSIC DIAGNOSIS: NOTION, TASKS AND TYPES
The efficient, effective and sober activity of public prosecutor, police officer and investigating officer, is a challenge for the qualitative accomplishment of the justice act, therefore, in order to satisfy the rigors...
The concept of administrative liability and its forms
In the national law, the administrative liability is confused with the contraventional liability. This impose an analyse of the concept of administrative liability, its peculiarities and the identification of liability f...
The order for the initiation of specialproceedings in cases of adoption of a child
In the present work the author makes an analysis of the procedural order of submission and receiving of therequest for adoption, conducting a study of procedural conditions, observance of whichis strictly necessary for i...
The role of politics and the time factor for estimating constitutional stability
Author analyzes the role of politics and the time factor for estimating constitutional stability. She draws a conclusion that the Constitution should be not a tool for politics, but a bound, framework for it. Moreover, t...