Исторически основи на разграничаването на собствеността на публична и частна
Historical Foundations of the Distinction Between Public an Private Property

Author(s): Lyuba Panayotova-Chalakova
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Roman law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: property; public property; private property; types of property; public law; private law; expropriation
Summary/Abstract: The article represents the beginning of a broader and more in-depth study of the problems of expropriation in the public interest. This study involves tracing the historical foundations of the division of property into public and private, as well as the impact of its denial during certain periods for Bulgaria. It also presupposes a new look at the time-required restoration of this division of property and the consequences for Bulgarian citizens. Examining this division in the light of modern law cannot be complete and exhaustive without tracing past developments. Three lines of research are emerging. The first line is related to the consideration of the separate types of property rights existing in Ancient Rome, as well as the question of which of the types of property began to be spoken of as public, along with private property. The second line of research logically passes through the question of the types of things known to Roman private law. There is also a third line of research, which concerns the division of law in Rome into public and private, the consequences of this division both for the systematization of Roman law as a whole and for the influence on matters of property. The division of public and private law later penetrated the European constitutions and their common rules of property. But these last questions are the subject of subsequent articles.

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