UDC 342.739::341.231.14
Biblid: 1451-3188, 17 (2018)
Vol. 18, No 65, pp. 180-194

Оriginal article
Received: 01 Jan 1970
Accepted: 01 Jan 1970


Joksić Ivan (Правни факултет за привреду и правосуђе у Новом Саду), ijoksic@hotmail.rs
Radovanov Aleksandar (Универзитет Привредна академија у Новом Саду), profesorradovanov@gmail.com
Rajaković Vesna

Human rights belong to a special category of law whose source is an international legal instrument. Their integrity is not possible without the existence of a whole range of conventions, declarations, pacts, recommendations, guidelines and other regulations. In this regard, the presence of European legal instruments in all segments of human rights is extremely noticeable. Respecting an opinion that emphasizes the equality of all human rights, as well as the fact that their standardization is done in a wider range of legal instruments, it is not easy to isolate a particular human right that we can consider representative. However, at a time when property rights are increasingly gaining importance, it is of particular importance to highlight the area of the right to property as a second-generation human right. An additional motive, which has focused our attention on this human right, is the overall economic crisis caused by ownership transformation, the transition to the liberal concept of economy, the process of restitution, and so on. Conscious of the fact that our national legal frameworks must be in line with international and European legal instruments, we have come to a more fundamental examination of all the major aspects of the right to property as a human right. In this regard, we will emphasize the importance of the proper understanding of property in the international and national legal nomenclature. This can help us with the views and opinions of the European Court of Human Rights in cases of violation of the property rights of the states whose citizens are appealing to this court.

Keywords: international and European legal instruments, human rights, property right, the European Court of Human Rights