In its 1981 landmark decision on expropriation (the so-called "Nassauskiesungsbeschluss"), the German Federal Constitutional Court sparked a doctrinal development that resulted in a strictly formal concept of expropriation. Interference with property that it does not aim to procure is considered a regulatory measure and falls outside its scope. As opposed to expropriation, there is no constitutional requirement that necessitates compensation. The author challenges this view, providing a counternarrative of the right to property which is based on the wording of the German Basic Law and on the norms of international and European law as well as on comparative law considerations.
| ISBN: | 9783161636783 |
| Publication date: | 30th November 2024 |
| Author: | Markus P Beham |
| Publisher: | Mohr Siebeck |
| Format: | Hardback |
| Pagination: | 530 pages |
| Series: | Jus Publicum |
| Genres: |
Public international law Constitutional and administrative law: general |
In its 1981 landmark decision on expropriation (the so-called "Nassauskiesungsbeschluss"), the German Federal Constitutional Court sparked a doctrinal development that resulted in a strictly formal concept of expropriation. Interference with property that it does not aim to procure is considered a regulatory measure and falls outside its scope. As opposed to expropriation, there is no constitutional requirement that necessitates compensation. The author challenges this view, providing a counternarrative of the right to property which is based on the wording of the German Basic Law and on the norms of international and European law as well as on comparative law considerations.
Indirekte Enteignung features in the following genres: Public international law, Constitutional and administrative law: general
Indirekte Enteignung is available in Hardback
Indirekte Enteignung was written by Markus P Beham and published by Mohr Siebeck
Indirekte Enteignung has 530 pages
Yes it is part of Jus Publicum series
£109.35