fbpx
Size of letters 1x
Site color
Image
Additionally
Line height
Letter spacing
Font
Embedded items (videos, maps, etc.)
 

Regarding the international legal concept of “property”

31/ 05/ 2022
  Author: Alexei Grachev, lawyer of Dynasty Law & Investment During human war, human rights are becoming more difficult. Public authorities adapt their functions to the conditions of martial law. But the words of Lina Kostenko are more and more often remembered in the heart of the average citizen of Ukraine: My love reached the sky with my forehead, and Hryts walked on the ground, so we will not forget about the material component of our life and its international legal protection. According to Article 1 § 1 of the Additional Protocol № 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (the Protocol), every natural or legal person is entitled to the peaceful enjoyment of his possessions. The notion of “property” 🏡 is autonomous here, does not depend on a formal division in national law and is not limited to the possession of tangible (real) objects: it covers both “existing property” and assets, including claims that the applicant may to claim that he has a reasonable and legitimate expectation that he will be able to effectively exercise property rights. Therefore, the concept covers real estate and movable property and other property interests. So, for example, in certain circumstances, a legitimate expectation to receive an asset may also enjoy the protection of the provisions of Art. 1 of the Protocol. For expectation to be legitimate, it must be more concrete than mere hope. It should be based on a rule of law or a legal act, such as a court decision concerning the property interests in question, and so on. The above is just one of the many features established by the case law of the European Court of Human Rights. Professional lawyers of Dynasty Law & Investment will help you to deal with others and save your property.

Author: Alexei Grachev, lawyer of Dynasty Law & Investment

During human war, human rights are becoming more difficult. Public authorities adapt their functions to the conditions of martial law. But the words of Lina Kostenko are more and more often remembered in the heart of the average citizen of Ukraine: “My love reached the sky with my forehead, and Hryts walked on the ground”, so we will not forget about the material component of our life and its international legal protection.

According to Article 1 § 1 of the Additional Protocol № 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Protocol”), every natural or legal person is entitled to the peaceful enjoyment of his possessions. The notion of “property” 🏡 is autonomous here, does not depend on a formal division in national law and is not limited to the possession of tangible (real) objects: it covers both “existing property” and assets, including claims that the applicant may to claim that he has a reasonable and “legitimate expectation” that he will be able to effectively exercise property rights. Therefore, the concept covers real estate and movable property and other property interests.

So, for example, in certain circumstances, a “legitimate expectation” to receive an asset may also enjoy the protection of the provisions of Art. 1 of the Protocol. For “expectation” to be “legitimate,” it must be more concrete than mere hope. It should be based on a rule of law or a legal act, such as a court decision concerning the property interests in question, and so on.

The above is just one of the many features established by the case law of the European Court of Human Rights. Professional lawyers of Dynasty Law & Investment will help you to deal with others and save your property.

If you have found a spelling error, please, notify us by selecting that text and pressing Ctrl+Enter.

Start
in the Telegram bot
Read articles. Share in social networks

Spelling error report

The following text will be sent to our editors: