IZVLAŠTENJE - POVIJESNI POGLEDI
EXPROPRIATION - HISTORIC VIEWS
Author(s): Dragan ŠmitSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Pravni fakultet Univerziteta u Tuzli
Keywords: expropriation; land ownership; property; administrative law; possession; public necessity; compensation;
Summary/Abstract: Expropriation is the exclusive, constitutionally based, state right to take away or limit the private property right, when in the public interest. It has evolved from voluntary and arbitrary decided compensation to a legally defined institute in which the two parties are presumably equal. As a dynamic and unfinished entity in permanent evolution, expropriation must reconcile the public with the private interest when the wider social goal cannot be achieved in any other way than encroachment of the property in the private domain. Expropriation is a constitutional, civil law and administrative relationship of an individual with the state, whose studying can help us understand social relations and natural human rights in a state.
Journal: Zbornik radova Pravnog fakulteta u Tuzli
- Issue Year: 7/2021
- Issue No: 1
- Page Range: 112-144
- Page Count: 33
- Language: Bosnian