The Abuse of Ownership: A Social Justice Perspective
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Aleksa Radonjić
Abstract
Given that property rights are politically sensitive, and that the right of ownership is the most extensive property right, this article undertakes a political analysis of the so-called abuse of ownership doctrine as a private law limitation to the right of ownership. The notion of the abuse of rights as is defined and described by the Serbian academic, Professor Vodinelić, is explained, and examined with respect to how it fits into four different social justice theories. This analysis shows that the doctrine of abuse of rights would change in structure, and in the way it is applied, depending on the underlying value system which is adopted in a society.
Note
This article is based on my PhD thesis. In the second part of my PhD thesis, I conducted a political analysis of the Pre-Draft of Civil Code of Serbia. This analysis was inspired by the political analysis of the DCFR carried out by Hesselink, Mak, and Rutgers in their paper ‘Constitutional Aspects of European Private Law. Freedoms, Rights and Social Justice in the Draft Common Frame of Reference’ (2009) <http://ssrn.com/abstract=1413089> accessed August 2 2017. However, I extended my analysis in the thesis beyond contract law to other areas of private law taking the abuse of the right of ownership as one of the test subjects of my analysis. In this article some new sources were used, and some conclusions were revised compared to what was written in the thesis.
Acknowledgment
I would like to thank dr. Jill Robbie whose comments helped me to improve this article.
© 2021 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Frontmatter
- Articles
- Should method and theory be more important than content and action?
- The necessity of data allocation: A plea for a private law (property law) perspective
- The Proprium of Property Law
- The Abuse of Ownership: A Social Justice Perspective
- Sustainable Ownership – new obligations towards achieving a sustainable society
- The Collateral Directive and Financial Collateral: Ownership of, or entitlement to, collateral?
Articles in the same Issue
- Frontmatter
- Frontmatter
- Articles
- Should method and theory be more important than content and action?
- The necessity of data allocation: A plea for a private law (property law) perspective
- The Proprium of Property Law
- The Abuse of Ownership: A Social Justice Perspective
- Sustainable Ownership – new obligations towards achieving a sustainable society
- The Collateral Directive and Financial Collateral: Ownership of, or entitlement to, collateral?
