Socijalna funkcija svojine u kontekstu održivog razvoja

Abstract

The subject matter of this paper is the constitutionalization of the right to property in the comparative constitutionalism, within the context of sustainable development, as a long-term prospective of a community existence and advancement. The first part of the paper points out to social and ecological functions of sati and considers, from the comparative perspective, the constitutional guarantees on the right to property, the forms of property ownership, and the title holders of property rights. The second part is devoted to constitutional solutions related to the regime of using the natural (developmental) resources, through the prism of the social function of property ownership, the public interest and the environment protection. The authors also discuss the legislative authority allocation in this field of proprietary relations between the various levels of authority in federal and regionally organized states. The third part of the paper provides a comparative analysis of the conditions for expropriation permissibility and limitations to property rights.