The Perception in the Past and Today Regarding a Proprietary Right
- Buying an apartment in Israel
- The Sales Contract
Under classical property law, the property right is perceived as a right that gives its owner complete control over the object of the right; It allows him to fulfill his freedom and give expression to his personality and the autonomy of his private will.
The status of the property right is the status of a supra-constitutional right, and the ‘Basic Law: Human Dignity and Liberty’ extends its protection to it by stipulating in section 3 that: “A person’s property shall not be infringed upon.
” According to this view, any restriction imposed by the governing authorities on the right to property constitutes a violation of the right because it reduces the complete control conferred on its owner as of the master of the right.
The “building rights,” according to this conception, are therefore not rights but “restrictions” imposed by the planning institutions that reduce the ability of the landowner to make use of them as he sees fit.
Over the years, this classical conception of the essence of property rights has begun to give way to a more flexible approach.
This is for pragmatic reasons and for reasons of social justice and the social commitment of the individual to the community in which he lives.