საკუთრების უფლება და მისი შეზღუდვის საფუძვლები. (საქართველოსა და უცხო ქვეყნების პრაქტიკის მაგალითზე)

The main topic of this paper is the right to property and the aspects for its restriction. According to the historian of jurisprudence reports, the right to property was established by ancient Roman law, and over the centuries it has become more and more sophisticated and evolved and Eventually it merged with the list of fundamental rights that play a vital role in the existence of an independent individual. The main priority of each democratic state is the maximum protection of basic human rights. Due to the above, our country is included in the list of states that provide for the imperative determination of fundamental rights by the supreme law and indicate the mechanisms for resolving legal problems caused by their possible violation. Since our research deals only with property rights and related constraints, I would like to directly explain its general meaning, it is a right that is secured and recognized, however, the legislature allows for its seizure or restriction, which with some peculiarities and differences manifests itself in different countries, In both theoretical and practical law. When it comes to limiting or depriving property rights, it is vital to clearly distinguish between the two, as each has a completely different legal composition. It should be emphasized that both the deprivation of property rights and their restriction should unequivocally serve to strengthen the high public interest, and It is important to have such urgent or necessary social necessity, which in itself implies the existence of more legal secrecy, which in a direct sense will make a great contribution to the development of societies.