Hvenær má skerða eignarrétt?
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This volume seeks to answer the question of how property rights may be lawfully restricted under Icelandic law. The author guides the reader through the fundamental concepts of property law, explains the constitutional protection of property rights under the Icelandic Constitution, the European Convention on Human Rights, and EEA law, and demonstrates how these legal foundations jointly safeguard property rights in Iceland.
The book proposes a new and more streamlined approach to assessing restrictions on property rights, based on five conditions that determine whether such limitations are permissible: legality, pursuit of a public interest, proportionality, margin of appreciation, and equality. This framework facilitates a more systematic evaluation of the legitimacy of property restrictions and helps ensure a proper balance between individual rights and the interests of society.
ISBN 9789935974563
Author Valgerður Sólnes
Publisher Fons Juris, 2025
Format Hardcover
Pages 246
