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Limits and restrictions on right to property for the purpose of forest protection : A comparative look at the principles of limitations of ownership rights in the Czech Republic and the Federal Republic of Germany

Publication at Faculty of Law |
2022

Abstract

The article analyses the principles of limitations of ownership rights with a focus on constitutional regulation in Czech Republic and the Federal Republic of Germany. The comparative approach allows to assess the differences in legal regulation and in judicial interpretation of the issue by two countries that are close not only geographically but also in their legal systems.

This topic is further elaborated on specific cases of statutory regulation and case law in the field of limitation of property rights for the purpose of forest protection. In particular, emphasis is placed on finding the limits where the constitutionality of such a restriction requires the award of compensation for the restriction of property rights.