Property right is a fundamental human right, protected by the Slovenian Constitution and legislation as well as different international legal acts. By nature, it is an absolute right – it prevails against everyone – and also a right in rem. However, despite their absolute nature, property rights may be restricted. Property rights of real estate can be restricted in the private or public interest. The restriction in the private interest is based on legal and business actions of the owner and is determined by law. Article 69 of the Constitution of the Republic of Slovenia determines that property rights of real estate can be deprived or restricted in the public interest against compensation in kind or financial compensation under conditions determined by law. Property rights are most severely prejudiced by expropriation, i.e. complete deprivation of property rights of real estate. In addition to this deprivation, the Slovenian legislation determines two types of partial restriction of property rights of real estate, i.e. easement in the public interest and right to temporary use. The aim of this paper is to present property right of real estate, how this right is obtained and how it can be restricted or deprived in the public interest. In more detail, it determines mainly when and why property rights are deprived and what consequences complete deprivation or partial restriction of property rights has for the real estate owner. In the theoretical part, the descriptive work method is used. Based on the published legislation and literature, we describe terms and established facts related to property rights and the restriction of property rights of real estate in the public interest. In the empirical part of the paper, we study case-law as a secondary source and respond to the two set research questions. We can determine that, regardless of the property right's absolute nature, it can be restricted in many ways – in this case, the real estate owner is entitled to financial compensation or compensation in kind.
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