Despre naţionalizarea comunistă a imobilelor şi clauzele constituţionale ale exproprierilor
On the Communist Nationalization of Houses and the Constitutional Clauses of Expropriated Owners

Summary/Abstract: The main objective of this paper is to analyze the communist nationalization of houses in the theoretical framework provided by the main discussions of the takings clause in recent legal philosophy. The first thesis defendend here is that nationalization should be considered as a taking, rather than a regulation. A second argument tries to support the thesis that the natinalization decree violates the taking clause of the 1948 communist constitution of Romania, in any reasonable moral and legal interpretation of it.

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