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{ "item_title" : "Indirekte Enteignung", "item_author" : [" Markus P. Beham "], "item_description" : "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.", "item_img_path" : "https://covers4.booksamillion.com/covers/bam/3/16/163/678/3161636783_b.jpg", "price_data" : { "retail_price" : "186.00", "online_price" : "186.00", "our_price" : "186.00", "club_price" : "186.00", "savings_pct" : "0", "savings_amt" : "0.00", "club_savings_pct" : "0", "club_savings_amt" : "0.00", "discount_pct" : "10", "store_price" : "" } }
Indirekte Enteignung|Markus P. Beham

Indirekte Enteignung : Verfassungsunmittelbar Gebotene Entschädigungspflicht Im Spiegel Des Mehrebenensystems

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Overview

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.

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Details

  • ISBN-13: 9783161636783
  • ISBN-10: 3161636783
  • Publisher: Mohr Siebeck
  • Publish Date: July 2025
  • Shipping Weight: 0.51 pounds
  • Page Count: 528

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