Teisė naudotis gamtos ištekliais kaip nuosavybės teisės ribojimas: Švedijos ir Lietuvos teisės analizė ; Right to exploit natural resources as a limitation of owners' rights: analysis of lithuanian and swedish law

Abstract

Natural environment plays essential role for human being as a biological organism. Now-days using specific environmental objects, such as forests, parks, water fields are very important to ensure for society's health and welfare. In Lithuania, after restoration of independence, private ownership as a field of law was restored also. Since then, more and more real property objects are bought from the state or falls into private ownership by restitution. Under such circumstances crucially important issue arises: how the state will regulate the relationship between owners of real property and other members of society. Since Roman law, it is widely known, that under specific circumstances one can use the property of another man without his permission (by servitudes). There was an old customary law In the Statutes of Lithuania, which let the people use the forests freely, despite the will of owner. This legal norm is still provided in Lithuanian law. After restoration of independence, the right of public access was provided in the new-coming law, but the legislation was significantly changing even during quite short period of independence. In this thesis author analyses the restrictions, suffered by owners because of law-provided right of individuals to use another's real property without permission. Also, author compares Lithuanian and Swedish legal norms, genesis of such restrictions, legal procedures on implementation of such right. According to an author, there is a lack of regulation in Lithuanian law; regulation sets no limits to protect owners' privacy. On the other hand – owner can easily limit the right of public access by initiating total prohibition without any reasonable background. According to these conclusions, author proposes to improve Lithuanian legal regulation, set clear limits and conditions, under which it would be not aloud to restrict owners' rights by the right of public access.