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Economic content of property

Property is a subject-object, subject-subject relationship. It arises in connection with the process of appropriation or alienation of resources, things, any benefits.

Usually distinguish between the economic and legal content of property. The latter concept is reflected in the legal field. For the first time, the legal content was formulated in Roman law. Since the beginning of the 10th century, this rule has become the basis of the French Civil Code (the Code of Napoleon). It is considered a methodological basis for all civil legislation of our time.

Over time, the legal norms governing civil relations have undergone various changes. In particular, they were concretized, detailed. As a result, there are several features that characterize the legal content of such a phenomenon as property. These attributes include the rights to:

  1. Possession.
  2. Use.
  3. Control.
  4. Income generation.
  5. The capital value of the good (things).
  6. Security.
  7. Indefinite.
  8. Prohibition of harmful use.
  9. Responsibility in the form of recovery.
  10. Residual character, i.e. Duty of return of entitlements after the expiry of the term.
  11. Will and inheritance.

It should be noted that the economic substance of property is not reflected in the legal essence. The latter expresses the actual economic processes and relations, developing and existing at the same time in accordance with their own laws.

The legal content of the property provides for a restriction in the circle of subjects of law. So, owners can be exclusively legal persons or citizens. In other words, individuals who are empowered to have rights and assume legal obligations can act as subjects.

Economic content provides for a wider range of owners. So, as subjects (along with subjects of law), participants of other relations of a public nature (political, social) can act.

The economic content of property is understood through consideration of subject-subject relations. These relations are formed in connection with the production process, in the course of redistribution (distribution), consumption, exchange of economic resources in the society. The economic content of property at the same time provides for appropriation or alienation. However, unlike the legal essence of the relations under consideration, in this case, all subjects take part, without exception.

It should be noted that the legal and economic content of property is by no means the only components of it. It includes components of political, ecological, historical, psychological, social, spiritual and other nature.

For example, Lake Baikal, as well as its resources from the point of view of law, are the property of the Russian Federation as a whole, as well as the subjects of the state that adjoin it in particular. All these subjects can use the lake's water resources within reasonable limits for the organization of various economic activities. Taking into account, however, the uniqueness of Baikal as a large freshwater basin of the world, the economic activities of the subjects have certain limitations. In an ecological sense, the lake is a planetary asset. At the same time, Russia's rights to it are not questioned (when Baikal's resources are included in reasonable economic activity).

As environmental subjects are residents of the planet as a whole, continents, states, certain territories. The historical essence of property is the formation of relations between different generations separated by time. At the same time, these relations operate on the same space within a certain economic community.

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