Confiscarea ca măsură asiguratorie în protecţia bunurilor de valori culturale prin prisma jurisprudenţei
Confiscation as an insurance measure in the protection of assets of cultural values in the light of jurisprudence
Author(s): Alexandru Pareniuc, Andrei GhimpuSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Methodology and research technology
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: property; confiscation; cultural property; criminal investigation phase; the right to private property and its protection; special confiscation of property (including currency values);
Summary/Abstract: However, the right of ownership does not appear to be an absolute prerogative, but must be considered from the perspective of its function in society. Consequently, some limitations may be placed on the use of the right to property, provided that they actually meet general interest objectives and do not constitute, from the point of view of the objective pursued, an excessive and intolerable intervention which would infringe the very substance of the right thus guaranteed. Therefore, as regards the limitation of the right to property, the general requirement of proportionality presupposes the maintenance of a fair balance between the requirements of the general interest of society and the imperatives of the protection of the individual interest of the property.
Journal: Legea şi Viaţa
- Issue Year: 3/2022
- Issue No: 3
- Page Range: 16-22
- Page Count: 7
- Language: Romanian