Practical

What the Constitution Says About Property and Business

The Constitution establishes property rights and freedom of enterprise. For a dispute about property, land, a contract or market access, special laws, procedure and the documents of the concrete case also matter.

What the Constitution establishes

The Constitution recognises property, inheritance and freedom of enterprise. It also prohibits unfair competition and monopolistic activity within the limits established by law.

These provisions set a general legal boundary. Registration, licences, taxes, competition, land and transaction requirements are specified by special legislation.

If the issue concerns property

Compulsory alienation for public needs is permitted in exceptional cases provided by law, through a court procedure and with equivalent compensation. The type of property, legal basis, valuation, time limit and appeal route depend on the particular procedure.

Keep notices, contracts, title records, valuation reports and other documents. They are needed to check the basis for a decision and the time limit for challenge.

If the issue concerns business

Check the requirements for the specific activity, permits, tax and land rules, and the legal basis and time limit stated in an authority’s decision. Seek specialist advice where there is a risk of a fine, loss of property or a missed deadline.

Key facts