Original scientific paper
THE RELATIONSHIP BETWEEN THE CIVIL LAW RIGHT OF USUFRUCT OVER A FLAT AND THE RIGHT TO THE PROTECTION OF HOME GUARANTEED BY THE ECHR AND THE CONSTITUTION
Aldo Radolović
; Pravni fakultet Sveučilišta u Rijeci, Ustavni sud RH
Abstract
This paper analyzes the relationship between the civil law right of usufruct over a flat and the right to the protection of a flat, house and home guaranteed by the ECHR and the Constitution.
There are big unacceptable differences between civil law provisions, case law of civil courts and case law of the European Court of Human Rights.
The objective which must be aspired to is not only approximation but full normative harmonization of these areas of law.
This issue is of greater importance for our domestic law, since our opinions and the opinion of the European Court of Human Rights differ greatly.
Keywords
flat; house; home; the right to a flat; the right to a home; European Court of Human Rights; civil law; the law of the European Convention; case law; judicial precedents; science and theory of civil law
Hrčak ID:
141180
URI
Publication date:
13.4.2015.
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