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
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