Proscriptio and nationalization. Politics and property
The influence of ideology on the common law and the statute law has been noted down from the time of creating the legal systems, in it, in the Roman law. The conception of predominance over the world and the management required the appropriate dogmatic assumptions, in it, the state as the disposer of the territories. Hence, in Roman law there were not any restrictions of the public authority about the citizens expropriation. However, the authorities organs used this power periodically, particularly during the political fights. The winners made franchising themselves and their supporters at the expense of the property belonging to the losers. The losers were declared the enemies of nation by consecratio, publication honorum or proscriptio. The blade of confiscation was directed against the individual persons and the whole communities, particularly the cities or conquered nations. The owner became the Roman nation, or during the principate and dominate period the emperor himself. Such the philosophy was visible also in case of expropriation for public purposes, e.g. building the aqueduct. However, in this case the expropriated could expect the compensation. In Roman – Dutch Law, like in the Roman law there was acknowledged the public authority right to expropriate but for the compensation. The expropriations exist till our contemporary times. But, it is assumed that the expropriation can be done if there is not the possibility to realize the public purpose in another way. The expropriated person should be given the payment or in some countries the compensation.
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Sitek Bronisław, Szczerbowski Jakub, Bauknecht Aleksander, Szpanowska Magdalena, Wsyliszyn Katarzyna (eds.): Private Interest and Public Interest in European Legal Tradition, vol. Private Interest and Public Interest in European Legal Tradition, no. 1, 2015, UWM Olsztyn , ISBN 978-83-62383-55-9, 545 p.
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