PROPERTY RIGHTS RESTRICTIONS IN THE CONTEXT OF THE COVID-19 PANDEMIC
PROPERTY RIGHTS RESTRICTIONS IN THE CONTEXT OF THE COVID-19 PANDEMIC
Author(s): Tamara GajinovSubject(s): Social Sciences, Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, Sociology, Health and medicine and law
Published by: Fakultet za pravne i poslovne studije dr Latar Vrkatić
Keywords: property rights; property rights restrictions; human rights; COVID-19 pandemic
Summary/Abstract: This paper will examine the impact of certain restrictive measures introduced during the COVID-19 pandemic, in the context of transformation of property rights from a liberal concept to increasingly frequent government interventionism, along with the limitation of three basic ownership rights — possession, use and disposal. As property rights have a social function, this paper examines the new functions that emerged during the pandemic. With respect to the practice of the European Court of Human Rights and recent verdicts of American and French courts, the paper further deals with restricting private ownership rights and ways in which these rights were regulated by the state authorities in an attempt to protect public health and prevent the spread of infection.
Journal: Civitas
- Issue Year: 12/2022
- Issue No: 02
- Page Range: 166-177
- Page Count: 12
- Language: English
