Post by messi05 on Jan 23, 2024 22:36:18 GMT -6
Overview of specific situations in which national law protects the deprivation of use will be made, followed by a mention of the main manifestations found in the doctrine. Finally, the main solutions that jurisprudence finds to solve the problems arising from this will be verified, followed by very brief conclusions. Topical analysis of deprivation of use Deprivation of use is recognized in a diffuse way – and sometimes under other names – in particular situations of national law.
With the enumeration that will be Buy Phone Number List made of particular cases, the intention is not to extract a generic rule, but simply to highlight that the idea of compensation for the simple frustration of the advantages that the use of a thing can provide us is not foreign to our law. Perhaps the most recurrent – and perhaps the least obvious – example of compensation for deprivation of use resides in the charging of interest. Whether moratoriums or remuneration, the main function of interest is to satisfy the losses suffered by those who are deprived of their capital [1] .
Also in cases of expropriation, the doctrinal and jurisprudential understanding is firm that it is appropriate to set default interest on the value of the compensation, applicable from the moment of entry into possession, due to the deprivation of possession suffered provisionally [2] . In so-called indirect expropriations, the Superior Court of Justice established the understanding that compensatory interest (due for deprivation of use) accrues from the effective occupation [3] . The exclusive use of common property – whether resulting from a condominium [4] or a condominium [5] – has been recognized as a source of deprivation of use.
With the enumeration that will be Buy Phone Number List made of particular cases, the intention is not to extract a generic rule, but simply to highlight that the idea of compensation for the simple frustration of the advantages that the use of a thing can provide us is not foreign to our law. Perhaps the most recurrent – and perhaps the least obvious – example of compensation for deprivation of use resides in the charging of interest. Whether moratoriums or remuneration, the main function of interest is to satisfy the losses suffered by those who are deprived of their capital [1] .
Also in cases of expropriation, the doctrinal and jurisprudential understanding is firm that it is appropriate to set default interest on the value of the compensation, applicable from the moment of entry into possession, due to the deprivation of possession suffered provisionally [2] . In so-called indirect expropriations, the Superior Court of Justice established the understanding that compensatory interest (due for deprivation of use) accrues from the effective occupation [3] . The exclusive use of common property – whether resulting from a condominium [4] or a condominium [5] – has been recognized as a source of deprivation of use.
I am becoming a mermaid as well 