市民法科学ジャーナル

抽象的な

The Notion and Legal Space of Exercising the Right to Ownership

Emine Zendeli

The aim of this article is to address the institute of the right to ownership, as a basic legal category, but also as one of the fundamental human rights that is regulated and guaranteed by a host of international legal instruments and documents. Following a brief historical overview, the article highlights the concept, legal nature and importance of the right to ownership in all legal systems, with particular emphasis in the Republic of Macedonia. The right to ownership is a real right, which entitles the holder to exercise the fullest power over a thing (ius utendi, fruendi et abutendi). The fact that the right to ownership is absolute, exclusive and individual, it does not mean that it is unrestricted. On contrary, in every civilized society there are a multitude of reasons that justify the limitation of the right to ownership. These reasons may be: economic, environmental, public health, cultural, etc., and may be stipulated by statutes, decisions of a state institution (administrative or judicial) and legal transactions. In this context, the article refers to the limitations of the right to ownership in the legal system of the Republic of Macedonia.