Property Rights to Real Estate in the course of the SARS-CoV-2 Virus Pandemic – Revision of Civil Law Issues

Abstract

The SARS-CoV-2 pandemic and legal acts issued in its course and aimed at limiting its adverse impact have affected, among other, property law. The scope of exercising property rights has become limited, in particular the right to use objects and the efficiency of claims aimed at protecting property rights. The article criticizes the complete ban on conducting evictions in the course of an epidemic hazard status or an epidemic status. The phenomenon of infections has been presented in the context of interactions between real estate (nuisance). Moreover, possibilities have been outlined that originate based on applicable property law with respect to the adaptation to the current epidemic situation, e.g. by establishing quarantine easement or isolation.

Keywords

• property law and pandemic
• ban on eviction during pandemic
• quarantine easement or isolation