Compulsory purchase law enforcement of property law in the legal dimension of transfer of property
Document Sample


Compulsory purchase law on "property law" compulsory transfer of property rights in the legal dimension of compulsory transfer of the legal dimensions of Keywords: Property / Real compulsory purchase / legal dimension ° Summary: Property Council of any nation can avoid the compulsory transfer of the contents of the property. According to legal rules and legal procedures are not compulsory transfer of property occurred in violation of the principle of private autonomy, on the contrary, the principle is not absolute autonomy of the best comments. Compulsory purchase compulsory transfer of property rights and rules must be noted the relationship between the rights of compulsory purchase and the relationship between achieving the end. View of the compulsory transfer of property rights is limited human autonomy, it is a compulsory transfer of property took place should have a certain premise that the right holders and public interests will clash. This means that only when people exercise their rights of property and public interests conflict, the parties generate property is transferred in accordance with the mandatory rules of law possible. Compulsory transfer of property has its general conditions and restrictions, which occurred with the transfer of property constitute the premise of compulsory transfer of property rights legal dimensions of the main content. Bstract: Theissuesoncompulsorytransferofrealpropertyrightsremainsinevitableforanystatetolegi slateonrealpropertyrights.Conformingtoregulationsandstatutoryprocedures, compulsorytransferofrealpropertyrightsdoesnotcontradictdoctrineofautonomyofwill, conversely, itbestexplainstherelativityofautonomyofwill.However, suchrightstransfershouldconsidertherelationshipofthecompulsorynaturewithregulation sandwiththeaccomplishmentofrights.Givenitslimitationonautonomyofwill, thecompulsorytransferofrealpropertyrightsshouldconformtosuchpresumptionsasthecon flictbetweenfreewillofexercisingone'srightsandpublicinterest, whichmeansonlywhentherealpropertyrightsexercisedbytherightholderconflictswiththe publicinterest, canthecompulsorytransferbeavailableinaccordancewithlaw.Suchpresumptionstogether withothergeneralrequirementsandlimitationscomprisethelegaldimensionsofcompulsor ytransferofrealproperty. Keywords: realpropertyrights; compulsorytransferofrealpropertyrights; legaldimension " dimension "is an ancient metaphor is a thing to be fixed conditions. [1], "dimension" is an expression of physics, is the judge, explain, evaluate and determine a matter of multi-directional, multi-angle, multi-level conditions. "Legal Dimensions" in this context refers to the judge to determine the mandatory transfer of rights in rem, conditions and limitations. 1, the mandatory private law autonomy and the property transfer spirit of self-government under private law, property rights reflect the property transfer is central to human autonomy point, whether the transfer ownership or transfer of his property, are highlighted on the Real Property who's dominance. "Property law" in article 2, paragraph 3, under the concept of property is emphasized by this idea: "this law right, is the right thing people have direct control of a specific and exclusive rights." The concept of to emphasize here is the right person according to their own will enjoy the direct control of the property rights and exclusive rights, but in the "Property Law" also there are some who will not be about the right to compulsory transfer of property rules. The production of these mandatory rules, an objective system of society due to the complexity of intricate, because a general rule, if "broad-brush" type in all cases, no exception applied, the results of these rules will result in the application in some cases there lost fair or contrary to the basic spirit of the law. Therefore, we must address the special requirements for special circumstances, which are special rules or special law. Special law is not uncommon for special cases, but the rules applicable to the situation. Paul's instructions in accordance with Roman Jurists, "special law is the introduction of certain interests to legislators, the departure from the general rules of law principle of law (Iussingulareest, quodcontratenoremrationispropteraliquamutilitatemauctoritateconstituentiumintroduct umest.)". [2] made a general provision in the law while, for the special needs a
Related docs
Other docs by fdjerue7eeu
Get documents about "