property is a subject-object, subject-subject relationship.It arises in connection with the process of assignment or alienation of resources, things that any benefits.
usually distinguish between the economic and the legal content of the property.The latter concept is reflected in the legal industry.For the first time the legal content was formulated in Roman law.Since the beginning of the X I X century this rule was the basis of the French Civil Code (Code Napoleon).He is considered the methodological basis for all modern civil law.
Over time, the law governing civil relationships, subjected to various changes.In particular, they specified, detailed.As a result, allocated several features that characterize the legal content of such phenomena as the property.These grounds include the right to:
- possession.Using
- .
- Management.
- generate income.
- capital value of the good (things).
- Security.
- perpetuity.
- ban on harmful use.
- responsibility in the form of sanctions.
- residual, iethe duty of the powers return at maturity.
- wills and inheritance.
should be noted that in the legal fact does not reflect the economic substance of ownership.Last expresses actually existing business processes and relationships, developing and existing at the same time in accordance with their own laws.
legal content property provides a limitation in the range of subjects of law.Thus, the owners can be extremely legal persons or citizens.In other words, as the subjects may make a person endowed with the ability to enjoy the rights and take on legal obligations.
economic content provides a broader range of owners.So, as subjects (along with legal entities) may make other participants and the nature of public relations (political, social).
Economic contents of property is understood by considering the subject-subject relations.These relationships are formed in connection with the production process, in the course of redeployment (distribution), consumption, economic exchange resources in society.The economic content of the property at the same time provides for the assignment or alienation.However, in contrast to the legal nature of the relationship under consideration in this case, take part all subjects without exception.
It should be noted that the legal and economic content of the property - not only its components.The delegation included the components of political, ecological, historical, psychological, social, spiritual and other character.
example, Lake Baikal and its resources in terms of the rights are the property of the Russian Federation as a whole, as well as the subjects of the state, adjoining in particular.All of these actors can use the water resources of Lake reasonable for the organization of various kinds of economic activity.However, given the uniqueness of Lake Baikal as a large freshwater swimming pool of the world, the economic activity of subjects has certain limitations.In ecological terms, the lake is a planetary domain.This law in Russia it is not questioned (when the resources of the lake in a reasonable economic activity).
as environmental subjects appear inhabitants of the planet as a whole, continents, countries, certain territories.The historic property is the essence of the formation of relationships between different generations, separated by time.At the same time these relations are on the same space within a particular business community.
