INSTITUTE OF FACTUAL EXPROPRIATION
INSTITUTE OF FACTUAL EXPROPRIATION

Summary/Abstract: In this paper, the author pointed out an unusual legal phenomenon that has occurred in practice, and that is the seizure of real estate by public authorities and limiting or depriving individuals of property rights, without prior procedure prescribed by law and without compensation to the owner of the property, justifying it in the general interest. Since an individual is not able to oppose such behavior of public authorities, the only way to protect is to go to court, but there is another problem, because no law defines such a legal situation. However, the courts took over the role of interpreters of positive legal regulations and took the position that in this case it was a de facto expropriation, and through case law they defined this institute and practically equated the rights of individuals with persons whose property is expropriated in regular proceedings. most importantly, they took the position that the right to hope due to confiscated real estate does not become obsolete.

• Details
• Contents