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Inalienable

Inalienable=something, nature or substance of which cannot be exchanged for/against any other thing of different kind. (αναπαλλοτρίωτο), Ex. this building cannot be alienated thus may not be thrown down, to be replaced by something else, for ex. another kind of building (Alienation can happen upon for. request of Municipality for several reasons of necessity,under an administratiive act, this is from local administrative authorities, or regional generally to private persons, this also applying for old unsed buildings that have become useless in terms of practice.

Also, we have inalienable rights thur rights, whose may be 'exchanged or replaced by legal interests, as legal rights of this same person, but not against legal interest, or applicable for, of someone else, for another or opposite legal interest.

Another term of inalienable rights is 'indelible or imprescriptible;; right; Usually strictly inalienable rights are absolute rights, that apply as creative ones to legal interest of someone, but can apply as such, as creative rights of someone else.

For ex. in Civil Procedure, the inalienable (legal) right of someone to proceed to Court as defender, with an Attorney; in cases of Civil Law, an alienable right, usually applies as right of recognition of someone's lawsuit of recognition; thus Court recognizes to someone his/her (inalieanble) right to indemnification in case of voluntary tort, and in case of involuntary tort, from the responsible person involved in tort. -Also in lawsuits of Penal Law, of 'condemnation lawsuits/sentence, the right (inalienable one) to get indemnification, as blood relative for ex. of someone who was murdered or intentionally murder, height of which should be mentioned exactly in lawsuit, in the part of claims, and of which these relatives are entitled from Law.

In terms of Constitution, unless if, Articles of Constitution deriving directly from main principles of its sources,-mainly Natural Law etc, attribute in practice these rights contained in supported in them as inalieanble ones. (For ex. in regiments of democratic countries, the inalieanble right to Vote in elections, ensuring, political freedom, in the frame of a State of Law. Such rights then, are all those, who are contained in organic laws, of Positive Law, deriving directly-even through some levels-from Articles of Constitution, and apply in form of such Laws.

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  • Category: General law
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