The Intangibility of Public Works: An End in Sight?

Authors

  • António Pereira da Costa Advogado

DOI:

https://doi.org/10.14195/2182-2387_32_2

Keywords:

Public works, principle of intangibility, human rights, expropriation, demolition

Abstract

The principle of the intangibility of public works, created through case law in 1853, was adopted in its country of origin, France, as well as in Italy and, in Portugal, by the civil courts. From the early 1990s onwards, influenced by French and Italian legal doctrine and, above all, by the European Court of Human Rights, the principle began to be applied in a more mitigated manner and was even repudiated by the Italian legislature. This text aims to provide an overview of its evolution and current status.

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Published

2013-07-01

Issue

No. 32 (2013): Urbanism, Territorial Order and Environment Studies Center Law Review

Section

Doctrine

License

Copyright (c) 2013 António Pereira da Costa

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows sharing the work with recognition of authorship and initial publication in Antropologia Portuguesa journal.