Considerations on the Limitation of the Right to Property (original) (raw)
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, therefore its scope is not unlimited. The content and limitations of this right are established by law and the doctrine makes a distinction between the material limitations and judicial ones, stating that the distinction between the right to property and the object of this right and the judicial will. When the right to property brings a prejudice to the general interest of a society and endangers the social harmony, the legislator intervenes and limits the rights to private property as this right cannot be an absolute right under these conditions.
Sign up for access to the world's latest research.
checkGet notified about relevant papers
checkSave papers to use in your research
checkJoin the discussion with peers
checkTrack your impact
Related papers
Intrinsic limitations of property rights
Journal of Business Ethics, 1995
° Many people take for granted an absolute conception of property rights. According to this conception, if I own a piece of property I have a moral right, to do with it as I please, irrespective of the needs of others. This paper articulates an argument against this conception of propert 5' rights. First, it shows that there are many possible conceptions of property rights, and that there are significant differences among the models of ownership which have prevailed in different societies. Then, it argues that there are decisive grounds to refuse to grant that property owners have a moral right to exercise absolute control over their property, and that ownership implies not only rights but also duties and limits.
Towards a Definition of Property Rights
2002
The notion of property rights has undergone fundamental change recently as a result of the commodification of natural resources such as water and biota. All property rights result in the conferral of three qualities or capacities, namely a management power, and ability to receive income or benefits, and an ability to sell or alienate the interest.
Considerations on the Right to Public Property
Eirp Proceedings, 2012
From ancient times, property has been perceived as being something absolutely necessary for life as the human society could not have been perceived without property which was characterised in the doctrine as being "the matrix of the modern subjective rights". According to the Bible, at the origin of the humanity, the owners of goods could only have been Adam and Eve, a social equity in an ideal world that could have existed in the pre state age and will continue to exist in a future world. We can therefore consider the property as being natural and necessary for humans. Without it the social organization cannot be possible as the property relations are the most important element in the production relations, together with the exchange activity between humans. The individual property is the indispensable condition for freedom.
Loading Preview
Sorry, preview is currently unavailable. You can download the paper by clicking the button above.