Publication details
Bezdůvodné obohacení v užívacích vztazích založených normami veřejného práva
| Title in English | he unjustified enrichment in relations based of land use governed by the public law according to current and future legal regulution |
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| Authors | |
| Year of publication | 2011 |
| Type | Article in Periodical |
| Magazine / Source | Právní fórum |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | unjustified enrichment land use restriction of the right of ownership |
| Description | It is evident that unjustified enrichment as one of the basic institutes of private law can find its use also in cases concerning relations primarily based on the norms of public law with the purpose of achieving certain all-society interest. Application of regulation of unjustified enrichment can in some cases offer a way out in situations in which the legislator has forgotten to harmonize public interests and private interests in an explicit manner. Its use in case of restricting of the right of ownership in public interest and simultaneously for the benefit of other person may be regarded not only as a simpler solution of regulation of the relations of the concerned persons in its application, than that which would result from eventual direct application of Article 11 par. 4 of the Charter of fundamental rights and freedoms or § 128 of the Civil Code, but in the light of the above quoted findings of the Constitutional Court and decisions of the Supreme Court as a decision more convenient and better expressing the impacts of the given restriction. However it should not be overlooked that it is a sort of a substitute solution, and it would be more appropriate if in these cases the legislator had thought of an explicit legislative regulation, or had directly referred to similar use of the provision on unjustified enrichment. Unjustified enrichment is an institute aiming first of all to regulation of strictly private law relations, its application in usage relations based primarily on norms of public law may raise awkward questions. |