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Tvenne gånger tvenne ruttna gärdesgårdar – Om urminnes hävd och vattenkraft

Journal article
Authors Christina Olsen-Lundh
Published in Nordisk Miljörättslig Tidskrift
Volume 2013
Issue 2
Pages 85-108
ISSN 2000-4273
Publication year 2013
Published at Department of Law
Pages 85-108
Language sv
Links nordiskmiljoratt.se/onewebmedia/NMT...
Subject categories Environmental law

Abstract

Immemorial prescription is a private law concept and describes a kind of right that emerged so long ago that no one can remember how and when it arose. The purpose of this essay is to discuss the relationship between immemorial prescription and some Swedish laws, especially the Act with Special Arrangements for Water Operations, the Environmental Code and the legislations regarding promulgation of those laws. To a water operator, the legal consequences of a permit are highly important; they protect the installation from injunctions by regulatory authorities. However, the legal consequences of a permit are limited to circumstances tried in the permit matter. A central question in this essay is whether immemorial prescription could or should be regarded as a permit. The essay exposes the legal problems that follow by equating a private law concept dealing with legal relations long time forgotten with a public law structure, where the legal consequences depend on what was tried in the permit matter.

Page Manager: Webmaster|Last update: 9/11/2012
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