The understanding of co-owners' rights in the context of the genesis of environmental rights

Research output: Chapter in Book/Report/Conference proceedingConference contributionpeer-review

Abstract

Environmental rights obtain a special importance in the context of real distribution of joint property. The common practice, where the building regulations are applied to legal relationships when carrying out the real distribution of a joint property, is associated with the genesis of environmental rights, but cannot be supported by the doctrine of absolutism of the property rights. In this Article, the author analyzes the legal reasoning and legal consequences of applicability of environmental rights. The essence of real distribution of joint property is the termination of the joint property as a legal act without a target of environmental transformation. The real distribution of joint property is not an action leaving any environmental impacts. The author concludes that the application of the environmental rights to the real distribution of the joint property unreasonably limits the property rights of co-owners.
Original languageEnglish
Title of host publicationSHS Web of Conferences
EditorsP.L. Vilka
Number of pages5
Volume10
DOIs
Publication statusPublished - 2014
Event4th International Interdisciplinary Scientific Conference SOCIETY, HEALTH, WELFARE - Riga, Latvia
Duration: 22 Nov 201223 Nov 2012
Conference number: 4

Publication series

NameSHS Web of Conferences
ISSN (Print)2261-2424

Conference

Conference4th International Interdisciplinary Scientific Conference SOCIETY, HEALTH, WELFARE
CountryLatvia
CityRiga
Period22/11/1223/11/12

Field of Science

  • 5.5 Law

Publication Type

  • 1.1. Scientific article indexed in Web of Science and/or Scopus database

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