Original scientific paper
https://doi.org/10.30925/zpfsr.40.1.8
TEMPORARY ADMINISTRATION OF PROPERTY IN THE LIGHT OF THE RIGHT TO PEACEFUL ENJOYMENT OF PROPERTY
Gabrijela Mihelčić
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Maša Marochini Zrinski
orcid.org/0000-0002-8441-2277
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Abstract
In the paper, the authors analyse the institute of temporary administration of property in general, but also in selected special regimes. The first part of the paper gives an overview of the genesis of the institute, followed by its assumptions and features. The requirements required for the establishment of temporary administration of property in the national system are discussed, that is, when the owner has been asked to make certain doing which he has not done, all in relation to the protection of certain goods. Furthermore, the features of the temporary nature and limitations of the enforcement of property rights have been analysed in the light of the features of the protection of the right to peaceful enjoyment of property. The paper placed an emphasis on the third rule of the right to peaceful enjoyment of property: the control of the use of property. What has been analysed is whether temporary administration violates a fair balance, i.e. whether the restrictions imposed by the state are within its margin of appreciation and proportionate.
Keywords
temporary administration; right to peaceful enjoyment of property; proportionality
Hrčak ID:
219390
URI
Publication date:
8.4.2019.
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