Title: Composition and Restriction of Ownership of Property and Its Constitutionality
Abstract: Ownership of property in traditional sense includes physical objects(movable and immovable property),non-physical objects(claims,intellectual property and securities),the rights of possession,use,and disposal and the right to earnings;ownership of property in modern sense also includes ownership of personal property in public law.Based on the institutional guarantee idea of ownership of property,constitutions in various countries have authorized the legislature to formulate laws,leading to the formation of property content and the restriction of the existent status of property and the use of proceeds.The restriction of ownership of property,namely legal constitutionality basis,shall abide by the following principles:firstly,the formation of property content shall respect legislative discretion;secondly,the restriction of ownership of personal property shall not neglect the awareness self-governance;thirdly,the restriction of property in public law shall not affect survival guarantee;fourthly,the compensation for property values shall be emphasized when the expropriation of property and the restriction of property do not differ.
Publication Year: 2011
Publication Date: 2011-01-01
Language: en
Type: article
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