Standards for Protecting the Property Owner from Specific Legal Restrictions – A Comparative Study

Abstract

Civil legislations have provided for legal restrictions imposed for the benefit of private interests. Through such provisions, the civil legislator seeks to balance two conflicting private interests by establishing legal safeguards that protect the owner in cases where those restrictions cause harm significant enough to impair the owner’s ability to benefit from their private property, while simultaneously limiting the owner’s authority over it. Thus, one may argue that the imposition of such restrictions is neither absolute nor detached from the protection of the owner’s rights over their property. This balancing act, where one private interest is prioritized over another, allows the legislator to achieve a broader public interest in the long run. However, this must be accompanied by guarantees, as set forth in various civil legislations, which include a set of criteria such as exceeding customary limits or causing serious harm, among others. The significance of this study lies in examining the adequacy, effectiveness, and practical applicability of these safeguards, supported by judicial rulings to reach the intended objectives of the research.