Article 8 Respect for the home - A human property right?
Article 8 Respect for the home - A human property right?
Property lawyers have long treasured the certainty of a closely guarded and limited list of property rights that are capable of affecting strangers. Occasionally there have been signs that the list might be extended. The latest challenge to the certainty of a closed list of property rights comes from the human rights enshrined in the European Convention on Human Rights and Fundamental Freedoms (ECHR) now incorporated into domestic law by the Human Rights Act 1998 (HRA). Commentators have noted the possible effect of the HRA upon property rights. They have speculated that the incorporation of the human rights enshrined in the ECHR, particularly Article 8, may provide a new form of property right. For instance Gray and Gray raise the question of whether ‘[t]he human rights recognised by Article 8 effectively engrafts a “new equity” onto the property relationships of citizens?’
147-171
Nield, Sarah
fbdbe980-98c3-499d-9e9a-b4e9e65c7ddb
August 2013
Nield, Sarah
fbdbe980-98c3-499d-9e9a-b4e9e65c7ddb
Abstract
Property lawyers have long treasured the certainty of a closely guarded and limited list of property rights that are capable of affecting strangers. Occasionally there have been signs that the list might be extended. The latest challenge to the certainty of a closed list of property rights comes from the human rights enshrined in the European Convention on Human Rights and Fundamental Freedoms (ECHR) now incorporated into domestic law by the Human Rights Act 1998 (HRA). Commentators have noted the possible effect of the HRA upon property rights. They have speculated that the incorporation of the human rights enshrined in the ECHR, particularly Article 8, may provide a new form of property right. For instance Gray and Gray raise the question of whether ‘[t]he human rights recognised by Article 8 effectively engrafts a “new equity” onto the property relationships of citizens?’
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Published date: August 2013
Organisations:
Southampton Law School
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Local EPrints ID: 347535
URI: http://eprints.soton.ac.uk/id/eprint/347535
ISSN: 0961-5768
PURE UUID: 89007506-38d2-42b0-85ae-6b49c1acc228
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Date deposited: 31 Jan 2013 09:54
Last modified: 15 Mar 2024 02:45
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