Land law and limits on the Right to Property: historical, comparative and international analysis

Sayin, Baha Yigit, Lehavi, Amnon, Oder, Bertil, Onok, Rifat Murat, Francavilla, Domenico, Silva, Victor Torre de and Sudarshan, Ramaswamy (2017) Land law and limits on the Right to Property: historical, comparative and international analysis. European Property Law Journal, 6 (1). pp. 4-52. ISSN 2190-8362

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Abstract

The right to property is probably the oldest real right, much before concepts such as “right” or “real” (as opposed to “personal” were outlined. It has often been regarded as a “natural” right, derived from nature. Therefore, controversies on property are certainly as old as humanity itself. However, in the revolutionary period, the right to property was deemed a fundamental right and included as such in the charters approved at that time. This has continued up to our times, including in modern constitutions and international and regional human rights treaties. Its rationale is mostly to protect the right to property against governmental action, even though there are opposite policy preferences as to regulation of property rights at the domestic level.

Item Type: Article
Keywords: Land Rights | Property Rights
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal School of Government and Public Policy
Depositing User: Gena Veineithem
Date Deposited: 04 May 2022 07:13
Last Modified: 07 Sep 2022 08:45
Official URL: https://doi.org/10.1515/eplj-2017-0002
URI: https://pure.jgu.edu.in/id/eprint/2818

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