Some consequences of the pandemic generated by SARS-CoV-2 virus on the property right Cover Image
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Unele consecințe ale pandemiei generate de virusul SARS-CoV-2 asupra dreptului de proprietate
Some consequences of the pandemic generated by SARS-CoV-2 virus on the property right

Author(s): Ana-Maria Crînguș-Echert
Subject(s): Civil Law
Published by: Uniunea Juriștilor din România
Keywords: Covid-19; property right; communism; use of goods; unjustified interference;

Summary/Abstract: The present study proposes for analysis some of the implications of the pandemic generated by the SARS-CoV-2 virus in the matter of the property right and not only, following to consider the property right in its broad sense, derived from the ECHR case law in the matter. As concerns the research hypothesis, the author starts from the premise that the inclination towards martyrology manifested throughout the history by our country determines that some particularly restrictive measures be adopted also in the context generated by the Covid-19 pandemic, the most often without a solid theoretical foundation. It is also considered, as a research hypothesis, that there is currently a trend worldwide towards authoritarianism and interventionism from the state government, which is reflected in the measures taken during this period in order to prevent the spread of the respiratory virus. One can notice that the elaborated study has as objectives to analyze the measures adopted in the context of the pandemic and their implications regarding the property right, as well as to analyze the recovery mechanisms and possible long-term consequences. As regards the research methods, the comparative method and the quantitative method were mostly used, with elements that refer to the sociological and historical method. Some of the measures adopted in the context of the pandemic by states such as the USA, China, Germany and France are presented in detail, noting that in terms of the problem of the post-Covid-19 recovery mechanisms the most important opportunity is to create a new management of the global crisis. From the point of view of the research results, it was concluded that in moments of crisis, such as the present one, often the policies adopted by the public power differentiate between those who overcome the crisis and thus consolidate their power status and those who remain in the shadow of history. As concerns the theoretical and practical implications of the study, they consist in understanding the reality of the context created by Covid-19 and the measures adopted by the authorities and at the same time their efficiency in relation to the particularities of Romania. Thus, in essence, it has been adopted worldwide a set of measures which were intended to limit the effects generated by the restrictive measures, in order to prevent a major economic crisis. Likewise, Romania has complied with these measures, not to be neglected the fact that, being a part of the great European family, there was access to a series of measures (focused especially on providing economic support) likely to support the Romanian state in managing the crisis.

  • Issue Year: 2021
  • Issue No: 03
  • Page Range: 11-25
  • Page Count: 15
  • Language: Romanian