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Balancing concerned interests in the general use of natural resources

Publication at Faculty of Law |
2023

Abstract

The question of limiting the ownership right to a public good due to the title of general use, as well as the question of limiting the rights arising from this title, is a rather controversial topic. The mentioned problem concerns a wide range of persons, often with conflicting interests, and therefore logically there are tensions and conflicts between interested entities (owners, the public, public administration authorities), which are resolved not only by the legislator and public administration, but subsequently also by the courts.

The paper focuses on general use in relation to natural assets, especially forests and land. The author first defines the institution of general use on a theoretical level, then identifies the criteria that play a important role in balancing the interests, and then deals with the conditions on the basis of which general use can be temporarily restricted.