The content and the definition of the right of private ownership in the light of the new civil Code Cover Image
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Conţinutul şi definiţia dreptului de proprietate privată în lumina noului Cod civil
The content and the definition of the right of private ownership in the light of the new civil Code

Author(s): Cornelia Munteanu, Ovidiu Ungureanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: the right of private ownership; the New Civil Code.

Summary/Abstract: The ownership represents a reality; before defining, protecting or limiting it by the rules of law, it is a component of the social order. The contemporary content of the ownership expresses some contradictions: on the one hand, its power, and on the other hand, its weakness. But it is obvious that the ownership demonstrates extraordinary vitality; it is in a continuous expansion by conquering new fields continuously. Our undertaking is expected to emphasize the difficulty of defining a supernotion, exactly as that of the ownership, but also to develop the content and the nature of the ownership, as highlighted in the new Civil Code. On the other hand, our paper emphasizes the fact that the present domestic law has the necessary arms for the protection of the ownership in compliance with the European Convention on Human Rights and with the case law of the European Court on Human Rights.

  • Issue Year: 2013
  • Issue No: 03
  • Page Range: 102-123
  • Page Count: 22
  • Language: Romanian