%0 Journal Article
%T OVERVIEW OF OWNERSHIP AND ITS BORDERLINES WITH THE OBSERVANCE OF THE INJUNCTIONS RULED BY THE INTERNATIONAL COURT OF JUSTICE, THE EUROPEAN HUMAN RIGHTS COURT AND THE COURT OF JUSTICE OF THE EUROPEAN
%A ELENA-RALUCA DINU
%J Challenges of the Knowledge Society
%D 2011
%I Nicolae Titulescu University of Bucharest
%X Guaranteed for and preserved by many law abiding institutions and documents, starting with national ones, mentioning the regional treaties and completing with the universal deeds, the ownership seems to be detached from its classic conceit and appears as a common concept, but nevertheless with a variable content, based on a series of constant elements such as juridical tradition of different member states, their economical and social upraise and even historical and political implications. Ownership must be perceived as a double sided coin, its right side up being a country¡¯s normative system and the toss consisting of the international legal provisions that bring under regulation the most cherished material right of an individual. From time to time the coin lands on its brim, meaning that a conflict will be spawned between the two. It¡¯s not to be neglected that the international protection of this fundamental right can be achieved by subjecting it to a number of courts that created the Community acquis. Which of them had the most important contribution in establishing a guideline shall transpire from the pages of this article.
%K ownership deed
%K human rights
%K international courts
%K injunctions of the international judicial institutions referred to by Romanian courts
%K encroachment of a private property right
%U http://cks.univnt.ro/uploads/cks_2011_articles/index.php?dir=01_law%2F&download=cks_2011_law_art_050.pdf