Description:

The main aim of this study is to understand the concept of property and to identify its types. The study examines the scholarly debates on the recognition of the right to property as a human right. The article also includes the application of the 'autonomous meaning' envisaged in Article 1 of Protocol No. 1, that is, how the right to property is regulated not only by domestic laws but also by the ECHR. The right to property has moved beyond a simple framework to become a more complex legal concept. According to this approach, the concept of property is defined within the framework of the Convention's own aims and principles. The research revealed that the concept of property encompasses not only physical assets but also other interests and rights. Using the comparative analysis method, similarities concerning the protection of property rights have been identified between international courts and arbitration tribunals. The study concludes by discussing three rule principles established by the ECHR. These rules regulate the limits of state interference with property and maintain the balance between the interests of the state and those of individuals. Consequently, the protection of property has been resolved by a case-law approach that covers not only its factual existence but also an individual's legitimate expectations.