THE LEGAL PROTECTION OF THE PROPERTY RIGHT

Anda Crisu-Ciocîntă
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Anda Crisu-Ciocîntă: Faculty of Law, Iasi, Romania, ”Alexandru Ioan Cuza” University

SEA - Practical Application of Science, 2015, issue 7, 27-32

Abstract: The property right has been acknowledged as one of the personal fundamental rights since a very long time. It enjoys complete legal protection provided on the top of the national legislation hierarchy by constitutional norms as well as by juridical norms specific to the various legal branches where the property is present. The property right is protected consistently and by means of the criminal law, mainly by those juridical norms that incriminate the illicit behaviours which bring prejudice, as well as by the norms that regulate other criminal right institutions such as those ones which are specific to the safety measures with a patrimonial character. After examining the juridical norms that protect the property, the conclusion is that the juridical protection is awarded only if the property right has a licit character.

Keywords: Private property right; Criminal protection; Constitutional guarantees; Liceity presumption; The licit character of the property (search for similar items in EconPapers)
JEL-codes: K14 (search for similar items in EconPapers)
Date: 2015
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