Journal of Danubian Studies and Research, Vol 2, No 1 (2012)

Abstract

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.