THE RIGHT OF PASSAGE - LEGAL LIMIT OF EXERCISING THE PROPERTY RIGHT
THE RIGHT OF PASSAGE - LEGAL LIMIT OF EXERCISING THE PROPERTY RIGHT

Summary/Abstract: The most important legal limitation of exercising the private property right in case of the neighborly relations is that of the right of passage. This right balances two contradictory interests: on one hand, there is the interest of the owner who has no access to the public pathway but must benefit from a normal exercise of his property right and, on the other hand, there is the interest of the neighboring owner who must not be prevented from exercising his property right. Although it is an old institution, with deep roots in Roman law, the right of passage is still actual by the simple existence of the neighboring relations. In order to understand how it works, the current paper aims to present theoretical and practical issues regarding the creation, extent and exercise of the property right within in national and international context, in relation to the closest institution, the conventional passing encumbrance.

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