The situation of the property right in the expropriation procedure due to public utility

Authors

  • Alexandra Filofteia Puiu Ovidius University of Constanta, Romania - Faculty of Law and Administrative Sciences

Keywords:

property, public utility, compensation, digitization, right of pre-emption, right of return, exception

Abstract

Expropriation for reasons of public utility is a topical issue, more and more common in jurisprudence, the definition of which has been and will remain one of the concerns of doctrinaires. With regard to the above, in this paper I have sought to expose the complexity of the "phenomenon" of expropriation for public benefit and how the influence of digitization may or may not be beneficial in carrying out the specific stages of this procedure. In the same way, in order to be able to understand in essence the way of unfolding, the scope, as well as the stages that this procedure goes through, I felt the need to point out, in a succinct manner, this whole cycle that the phenomenon of expropriation goes through for to produce its effects. Therefore, in the following lines, I set out the definition of the concept of expropriation for reasons of public utility, but also how this forced transfer affects the right to property. All these notions will be complemented by the presentation of the manner in which the compensations are established, of the means of protection, regulated in the form of two rights in favor of the expropriated one, in order to finally approach and understand the effects produced by the expropriation procedure for public utility. . At the end of the article we presented the current trend of digitization, of the use of electronic means to the detriment of the written form. Does this bring benefits, or will we discuss the need for mixed digitization in the field of expropriation?

Published

2022-01-10

How to Cite

Puiu, A. F. (2022). The situation of the property right in the expropriation procedure due to public utility. Ars Aequi, 11(1). Retrieved from https://revista.drept-ovidius.ro/index.php/arsaequi/article/view/177

Issue

Section

Articles