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The right to property, or the right to own property (cf. ownership), is often [how often?] classified as a human right for natural persons regarding their possessions.A general recognition of a right to private property is found [citation needed] more rarely and is typically heavily constrained insofar as property is owned by legal persons (i.e. corporations) and where it is used for ...
The bank contended successfully that this constituted an arbitrary deprivation of its property in violation of the property rights protected by section 25(1) of the Constitution of South Africa. In evaluating this argument, Ackermann set out a test for determining whether deprivation of property has taken place, [ 2 ] though it is debatable to ...
The Due Process Clause of the United States Constitution provides that certain substantive rights such as life, liberty, and property, cannot be deprived except pursuant to constitutionally adequate procedures. The categories of substance and procedure are distinct. Were the rule otherwise, the Clause would be reduced to a mere tautology ...
Paragraph I. Life, liberty, and property. No person shall be deprived of life, liberty, or property except by due process of law. [2] [3] Paragraph II. Protection to person and property; equal protection. Protection to person and property is the paramount duty of government and shall be impartial and complete.
The provisions relating to the right to property were changed a number of times. The 44th amendment of 1978 deleted the right to property from the list of Fundamental Rights. [14] A new article, Article 300-A, was added to the constitution to provide, "No person shall be deprived of his property save by authority of law."
James v United Kingdom [1986] is an English land law case, concerning tenants' (lessees') statutory right to enfranchise a home from their freeholder (ultimate landlord) and whether specifically that right, leasehold enfranchisement, infringes the freeholder's human rights in property without being in a valid public interest.
The property rights approach to the theory of the firm can thus explain pros and cons of integration in the context of private firms. Yet, it has also been applied in various other frameworks such as public good provision and privatization. [35] [36] The property rights approach has been
Harksen v Lane NO and Others is an important decision of the Constitutional Court of South Africa, delivered on 7 October 1997.The court dismissed a challenge to the constitutionality of the Insolvency Act, 1936, finding that it was consistent with the right to property and right to equality for the property of a solvent spouse to be attached to the insolvent estate of his or her partner.