Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Carbonara and Ventura v. Italy

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Human Rights Case Digest

The first and most important requirement of Article 1 of Protocol No. 1 is that any interference by a public authority with the peaceful enjoyment of possessions should be lawful. The requirement of lawfulness means that rules of domestic law must be sufficiently accessible, precise and foreseeable. The case-law on constructive expropriations had evolved in a way that had led to the rule being applied inconsistently, a factor which could result in unforeseeable or arbitrary outcomes and deprive litigants of effective protection of their rights and was, as a consequence, inconsistent with the requirement of lawfulness. Court of Cassation decision that transfer of property to the authorities occurred during the period of possession without title, automatically, following completion of the public works could not be regarded as “foreseeable” as it was only in the final decision that the constructive-expropriation rule could be regarded as being effectively applied. Further, the rule enabled the authorities to derive a benefit from taking possession of land which they had held without title.

10.1163/157181300401346844
/content/journals/10.1163/157181300401346844
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/157181300401346844
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/157181300401346844
Loading

Article metrics loading...

/content/journals/10.1163/157181300401346844
2000-05-01
2016-12-10

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Human Rights Case Digest — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation