Property rights and ownership as legal categories
نویسندگان
چکیده
The existence of human society is unthinkable without a huge variety social relations that arise between individual individuals, groups, classes, nations, etc. in connection with their and life activity. A special place among all given to related the property sphere, which, due objective subjective factors, are dominant position over others. need for regulation by legal means, taking into account dynamics importance acquires theoretical practical terms, creates complex problems. Despite relations, researchers problems these have repeatedly emphasized fact science has not developed uniform interpretations category «property» «property right» would fully reflect essence category. This circumstance only actualizes research devoted right as categories. purpose study analyze «status» rights It was established ownership should be understood two senses: «de jure» facto». «De shell (form) mediates economic regulation. "De facto" characterizes application ownership, shows its understanding reflected practice. If subject owns specific authority it, then it considered acts owner based on ownership. Ownership, unlike (which form), content. must defined (owner), aimed at satisfying his desire own, use dispose certain thing, interests other persons, regulated norms. exercises discretion, is, will directly law exists independently subjects. subjects law, but also depends owner's determined it. characteristic inherent an absolute right.
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ژورنال
عنوان ژورنال: Ekonomìka, fìnansi, pravo
سال: 2023
ISSN: ['2409-1944', '2786-5517']
DOI: https://doi.org/10.37634/efp.2023.2.1