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DC Field | Value | Language |
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dc.date.accessioned | 2020-11-04T10:27:31Z | - |
dc.date.available | 2020-11-04T10:27:31Z | - |
dc.date.issued | 2004 | - |
dc.identifier.citation | Gatt, A. (2004). Protection of property rights in the light of Article 82 EC (Master's dissertation). | en_GB |
dc.identifier.uri | https://www.um.edu.mt/library/oar/handle/123456789/63273 | - |
dc.description | M.JURIS | en_GB |
dc.description.abstract | The protection of a person's rights has been the hallmark in any legal system which purports to be regulated by the rule of law. The same is true with regard to the European Community. The right to property is recognised under Article 1 of Protocol 1 of the European Convention of Human Rights (ECHR) to which all Member States are signatories. The Community courts have recognised and protected this right as a general principle of Community law. This right is however subject to the overall objectives of Community law and therefore may be limited in order to make way for the fulfilment of these objectives. This thesis will analyse in particular the limitations on the right to property due to the application of Article 82 EC. First, a brief introduction will give an overview of the extent to which property rights are recognised under Community law, the objectives of competition law and the areas which may cause a possible conflict between the two. The limitations on the right to property will be analysed as follows. First, the limitations on tangible property will be considered and in the following chapter limitations on intangible property will be under focus. In these two chapters, the case law of the Community courts will be scrutinised to find out the court's reasoning in trying to justify limitations on this fundamental right and whether a balance is being achieved between the general interest of the Community and private interests of individuals. Finally, after considering what limitations may exist, the last chapter will consider whether the right to property deserves more protection under Community law and what kind of remedies, if at all should be available. | en_GB |
dc.language.iso | en | en_GB |
dc.rights | info:eu-repo/semantics/restrictedAccess | en_GB |
dc.subject | Right of property -- European Union | en_GB |
dc.subject | Antitrust law | en_GB |
dc.subject | Intellectual property -- European Union | en_GB |
dc.subject | Intangible property | en_GB |
dc.title | Protection of property rights in the light of Article 82 EC | en_GB |
dc.type | masterThesis | en_GB |
dc.rights.holder | The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. | en_GB |
dc.publisher.institution | University of Malta | en_GB |
dc.publisher.department | Faculty of Laws | en_GB |
dc.description.reviewed | N/A | en_GB |
dc.contributor.creator | Gatt, Audrey | - |
Appears in Collections: | Dissertations - MA - FacLaw - 1994-2008 |
Files in This Item:
File | Description | Size | Format | |
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Gatt_Audrey_PROTECTION OF PROPERTY RIGHTS IN THE LIGHT OF ARTICLE 82 EC.PDF Restricted Access | 4.62 MB | Adobe PDF | View/Open Request a copy |
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