Journal of Danubian Studies and Research, Vol 2, No 1 (2012)
Considerations on the Limitation of the Right to Property
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.
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.
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