Restriction of property rights during a natural disaster Cover Image

Ograniczenie prawa własności podczas stanu klęski żywiołowej
Restriction of property rights during a natural disaster

Author(s): Marcin Kazimierczuk
Subject(s): Civil Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: property rights; a state of natural disaster; constitutional regulation; freedom and human rights; restrictions;

Summary/Abstract: One of the main effects of introducing a state of emergency, including a state of natural disaster, is the limitation of the sphere of individual freedoms and rights. It is an extremely important issue from the point of view of man and citizen. The aim of the article is an attempt to answer the question to what extent public authorities, using the competences provided for by law, can limit property rights during the period of a natural disaster. The author focuses on the analysis of normative solutions contained both in the constitutional law and in other legal acts. The work uses a dogmatic method of analyzing legal acts. The legal regulations of the institution of the state of natural disaster seem to ensure that public authorities prevent excessive use of their competence to limit property rights, more than seems necessary in the given circumstances. The premises for constructing the principle of proportionality expressed in Art. 228 of the Constitution of the Republic of Poland formulate an order to maintain the proportionality of actions and indicate that the least onerous should be chosen from among the listed measures of restricting the right to ownership.

  • Issue Year: 34/2022
  • Issue No: 2
  • Page Range: 47-63
  • Page Count: 17
  • Language: Polish