Nuosavybės teisės turinys ir jos ribojimo pagrindai Lietuvos Respublikos Konstitucinio Teismo jurisprudencijoje

Abstract

The statement that the law of property takes an exceptional part in the system of main human rights is unquestioned. It is regulated in a lot of laws and first of all in the Constitution of the Republic of Lithuania and in the Civil Code. In order to properly protect this fundamental law, there is a necessity of a suitable understanding of the law or property, revealing and determining its content and restriction of basics. Under the guidance of practice of Constitutional Court of the Republic of Lithuania the above mentioned aspects of law property are being analyzed in this final Master's work. Complexity is characteristic of legal regulation of property. Constitutional interpretation of the law of property is the broadest. Definition of the content of the law of property formed in the jurisprudence of the Constitutional Court is not thrusted into the “triad” of the traditional rights belonging to the owner. In one of the cases of constitutional justice analyzed this year, the court “freed” the content of property of law from the synthesis of property law into the “triad” of laws, stating that the owner can treat his property as he finds it best, without breaking laws, not restricting other people's rights and freedoms. Thus, law of property is not the whole complex of the owner's possibilities. It might, as well as some other rights, be limited or even deprived. In such cases question arises of values, in favour of which implementation of property law is limited. In the practice of the Constitutional Court the main such value or, to be more precise, the basics for limiting property law is the needs of the society. They are not the only bases of limiting the law or property but are dominant on the list of other basis. However, each case of restricting the property law cannot contradict the Constitution and has correspond the conditions of property law indicated by the Constitutional Court.