Abstract:

The right to property has always been the founding stone of the law system in every political organization. This right is protected by the Additional 1st Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms alongside the national laws. The infringement of the right to property can occur in many forms. In this study the question whether the infringements of the right to property can come into existence due to the mode of interpretation of the procedural rules by the national courts is analyzed in the light of the Thaleia Karydi Decision of the European Court of Human Rights which is given after the sale of the company goods in a mandatory auction for a lower price than their actual value without any proper notification. It is not probable for the procedural rules which form the guarantee of the material rules not to touch the substance of the right of property which is the highest societal value, because of the nature of these rules. However there ought to be a safeguard for the individuals to assure that there will not be an unjustifiable and disproportionate detriment to their property rights even when the procedural rules intervene. In this work, the point how to protect the right to property from the procedural law is examined in the context of the Additional 1st Protocol and the conclusion that the right to property shall be protected under the concerning Protocol even though the 6th paragraph of the Convention that contains the right to fair trial had not been existed is reached

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