Restriction of ownership rights as an interference with freedom of enterprise
Restriction of ownership rights as an interference with freedom of enterprise

Author(s): Vladimír Šarapajev
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: ownership restriction; expropriation; freedom of enterprise; compensation for loss of business advantage; investment protection;
Summary/Abstract: This paper is dedicated to business aspects of expropriation and further restrictions of ownership executed by state authorities. While strict proprietary implications of ownership restrictions seem to be self-explanatory and to arise from the very nature of such intervention, the business-oriented purpose of the affected estate is being taken into consideration rather exceptionally. Although such approach is partially based on the causal nexus limitations implemented during the establishment of value of the property as potential (and in many cases even hypothetical and speculative) use of the property cannot be perceived as a matter of course, in certain cases such use must be diligently considered in order to determine the actual extent of intervention into the constitutionally guaranteed rights. Using synthesis and analysis of current legal regulation, this paper aims to identify the implications of ownership restriction for business and suggest criteria for the assessment of the value of expropriated estate.

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