THE RIGHT TO A PRIVATE LIFE AND THE FORMS OF PROPERTY VIOLATION IN COMMON LAW

Smarandita-Elena Ciudin-Colta ()
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Smarandita-Elena Ciudin-Colta: Alexandru Ioan Cuza University, Faculty of Law, smarandaro@yahoo.com, Iasi, Romania,

Journal of Public Administration, Finance and Law, 2015, vol. 7, issue 7, 105-110

Abstract: A major part of the legal provisions regarding servitudes is originated in the contractual approaches, established by the middle of XIX-th century in England and in the United States of America, when people attempted to avoid the onerous rules concerning the transfer of property rights. This document approaches the tight connection between servitudes, as limitations of property rights` exertion, the right to a private life and the forms of trespassing and nuisance. Although the latter ones, as forms of interfering with property rights, appear to be similar, they are characterised by several elements that distinguish one from the other. The fact that, in certain cases, the matter of public interest is being raised in order to justify a private activity, that interferes with a private property, represents a challenge for the courts, as they are in a less comfortable position when to decide the person who will have to bear the losses.

Date: 2015
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Persistent link: https://EconPapers.repec.org/RePEc:aic:jopafl:y:2015:v:7:p:105-110

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