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Ultima descărcare din IBN: 2024-02-07 13:33 |
SM ISO690:2012 CHIRTOACĂ, Leonid. Aspecte privind limitarea dreptului de proprietate privată prin intermediul
instituţiei exproprierii
. In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale, 2012, nr. 3(25), pp. 30-38. ISSN 1857-1999. |
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Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale | ||||||
Numărul 3(25) / 2012 / ISSN 1857-1999 /ISSNe 2345-1963 | ||||||
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Pag. 30-38 | ||||||
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Rezumat | ||||||
In a democratic society based on the supremacy of law the restriction of rights of the person must be imposed only by general interests of society. The idea of preference of the public interest for individuals’ interests lies in the base of the institute of expropriation. Meanwhile, the concept of „public interest” is highly contradictory in nature and therefore can be interpreted in very different ways. It should be recognized that the idea of the public interest lies in the basis of any rule of law, both public and private. But at the same time, the idea of the public interest may, both to be opposed to the idea of private interest, and to be coincided with the last. Restriction or deprivation of property by expropriation, in fact, leads to the forfeiture of the attributes of ownership, on the basis of governmental act. An act of expropriation for public benefit includes the following legal consequences: 1) it transfers ownership of the expropriated property in public ownership 2) natural subrogation under the guise of private 3) it suspends the separation of the right of private property 4) it terminates the validity of personal rights 5) it puts an expropriator into possession.
The procedure for the expropriation of public benefit in our legislation is based on the law on expropriation for public benefit nr. 488-XIV of 08.07.1999. In our opinion it is disproportionately favorable to stakeholders who participate in the activities of the expropriation. We believe that in order to improve that law it is essential to take into account that the deprivation of property by expropriation for public benefit purposes is permitted only on the base of three conditions: the legality of the taken measures, the rationale for action to public benefit and proportionality of the measures with the goal pursued. Let's notice that the given law only superficially considers aspects which we have stipulated above or in general makes them invisible. We believe that the legislative body should review the law and bring it into line with the needs of the time and the existing case law. So it undercuts the premise of serious violations of the right of private property, which may lead to the imposition of the Council of Europe in Strasbourg verdict to the Republic of Moldova. |
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Cuvinte-cheie expropriation, private ownership, deprivation of property, governmental act, expropriation of public benefit |
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