property


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Property (loan translation from the Latin proprietas to proprius "own") denotes the most comprehensive property control that the legal system allows for a thing . Characteristics of modern forms of property are the legal assignment of goods to a natural or legal person , the recognition of the owner's arbitrary power of disposal and the restriction of the owner's choice by law . Property is protected as a fundamental right in most of the constitutions , but not defined in terms of content. The material content of property results from a large number of laws of private and public law (land law, tenancy law, sales law, monument protection, environmental law, tax laws etc .; as a special feature: animal welfare) or judicial precedents . One therefore speaks of property as a “bundle of rights and entitlements” that symbolizes the relationships and actions between people. The content of the concept of property is not static and natural, but develops in the course of time through customary practice, case law and legislation .

Property and science

The institute of property is the subject of various sciences besides jurisprudence . The legal and social philosophy questions the rationale and justification of property; the sociology deals with the origin, the social significance and the consequences of the institutionalization of property ( power , status , social inequality ), the historians on the influence and the imprint of the historical development, the political science with the consequences and possible effects of Design of the property system. The Ethnology examines ownership in different human societies. In economics as well as in other economic sciences , a legally secured and as inviolable property right as possible is an important basis for a functioning economic system.

Demarcation from property

A distinction must be made between property and property , which refers to the actual control over a thing. When renting or lending , property and possessions regularly fall apart. If the owner is not protected by a formal contract (e.g. lease), the owner can request the surrender of an item (e.g. from a finder or a thief). In the lease the tenant becomes the owner, but the landlord remains the owner. So the tenant receives the actual physical control, but can not as the leased object assets ( assets ) in its balance sheet posted. Only the landlord (owner) can do this. This makes it clear that property is a property right. The object does not have economic value in itself, but only the title of property, which does not have to coincide with possession (the actual "having"), but is an abstract legal title in addition to the object. Where there are no such property titles, there can be no money economy.

The documentation of property can be linked to a legal title or entry in a register (e.g. land register ). The owner of boats and ships is called Eigner , and their association is called the owner community .

Use in the German language

Property and possession are often equated linguistically, but must be strictly distinguished from one another in the legal and economic context. An object can be temporarily or permanently in the possession of a person other than the owner (for example in the case of a rented apartment). In addition, the term property is also used colloquially for the object of property (“This is my property”).

The term property is mostly only used in societies or populations in which there is a legal distinction between property and possession. For example, the concept of property was unknown to the earlier Eskimo populations.

A legal distinction is also made between property and asset . Even if property is often equated with private property in everyday life, collective rights of disposal over things that are exclusively exercised by a community or the state are also referred to as property.

history

→ For more information see also: Property Theories

Early history

There is little reliable knowledge about the historical roots of property. From the Stone Age , grave goods are known that were given to the dead. These are likely to have been personal belongings such as weapons , jewelry and everyday objects for which there was a special bond with the person. Social property already arose in the early days in connection with the prevailing occupation economy, initially by delimiting hunting grounds of individual hordes and tribes that defended them against each other. How property rights to land are structured in typical hunter-gatherer societies is the subject of a recurring ethnological debate. The thesis of " primitive communism " in human history, advocated by Henry Lewis Morgan and later adopted by Friedrich Engels , was called into question by Frank G. Speck's example of family-related Algonquin hunting grounds in Canada . However, whether these family territories already existed in pre-Columbian times and whether they can be viewed as an institution similar to European private property is still a matter of dispute. More recent research indicates that even in the family territories of the Algonquin, rights are primarily assigned to larger social groups. Land ownership should also be based on spiritual and social reciprocity , i.e. on reciprocal gifts and counter-gifts that are not directly linked to one another in the sense of an exchange. Property already existed among the not yet settled pastoral peoples . Individual ownership of land only arose in the transition to agriculture and in the course of the gradual replacement of clans by smaller family associations and the emergence of settlements ( Neolithic Revolution ). External threats, as well as joint projects such as the Sanitary Engineering in Mesopotamia , the Indus Valley or in Egypt led to the institutionalization of power structures and finally to the known kingdoms . At the same time, legal systems arose in which it was possible to enforce property. The oldest known codification is the Codex Ḫammurapi , which already knew sales law and inheritance law .

In the 3rd millennium BC the temple economy emerged in Mesopotamia , in which the economy was in the hands of the priests in regional centers around the temple and the rights to cultivate the land were granted by the temple administration in return for taxes. At the same time, private property is documented in cuneiform on the basis of purchase contracts . Wealth was created through warlike expansion of the sphere of power, but also through trade between the centers and first long-distance trade . On the one hand landed upper classes emerged , on the other hand the prosperity was increased by slaves .

Antiquity

The traditional reflection on the meaning of property begins with the works of Plato and Aristotle in ancient Greece . Society at that time was still predominantly characterized by agriculture . Even in the polis of Athens of the population were still more than three-quarters of the agricultural sector. Society was dominated by the nobility and large landowners , even if the reforms of Kleisthenes had enabled the citizens to participate in the decisions of the polis. The social and economic core was the family household ( oikos ). This household also included slaves who were bought or who had come to Athens in the course of colonization . The debt slavery was by the laws of Solon abolished. In the Oikos everything was subordinate to the householder, who exercised the rights of the owner over the property, the wife, the children and the slaves, but was also responsible for their welfare.

In the Politeia, Plato developed the concept of an ideal state in which everyone assumes the position appropriate to them. So there is the subsistence level of the craftsmen and farmers who also have property in this state. The guards (armed forces) ensure the cohesion of the state. They have no property, but receive their livelihood from society and in return their entire area of ​​life, including their homes, is accessible to the public. Even the philosophers who are suitable for Plato to lead the state after upbringing and training remain without property. In his late work, the Nomoi , Plato deals with the question of what the state order of a colony that has yet to be founded should look like. Here he provided for a distribution of the property. However, this is even and the land cannot be sold, it can only be inherited or transferred to someone who does not own land.

Similar to Plato, for Aristotle the goal of human life is good, not wealth, which is only a means to achieve this goal. The institute of property does not come from the natural order, but is the result of human reason . Individual property is preferable to communal property because personal property results in greater care for things. Second, private property corresponds to the principle of performance. Furthermore, ownership clearly regulates responsibilities so that disputes can be avoided. Personal property is for enjoyment in the community and is a prerequisite for the virtue of freedom of movement . Common ownership therefore only makes sense where it is used jointly or requires joint financing.

The early codification of law in ancient Rome was the Twelve Tables law , which had the purpose of regulating the conflicts between the landowning patricians and the plebeians . Purchase contracts were regulated here in a very formalized way as libral files . As in Greece, Roman society was organized in households ( dominion : property, right of possession). The landlord, the Pater familias , was the unrestricted owner. Adult sons were also not legally competent if they lived in their father's house, even if they were married and had children. Father familas was even able to sell his children into slavery. He could inherit his property without restriction by will . If there was no will, the succession was in the male line.

In Roman law there was no formal definition of the concept of property, but rather different forms of ownership. From the description "meum esse aio" (I claim that it is mine) it can be deduced from practice that the legal definition in § 903 sentence 1 BGB largely coincides with the content provision at the time of Cicero . Cicero dealt with the establishment of property. For him, private property originally arises through occupation . The Romans regarded the land of the conquered provinces as the property of the Roman people and thus established the right to a land tax ( tribute ). The Romans already knew of an immission ban (see § 906 BGB), i. H. someone could not use his property arbitrarily if he thereby impaired the property of others, e.g. B. by drainage ditches, the water of which drained on unfamiliar ground.

A new view of property arose in patristicism through the spread of Christian-Jewish ideas, according to which natural law is to be equated with divine law. In the Tanach ("Old Testament") the land is handed over to man for administration - but it remains the property of God. For the church fathers like Clement of Alexandria , the question of the correct use of property, taken from the Stoa , was in the foreground. They demanded that property that goes beyond their own needs be given to the poor. According to Pauline teaching, the rich in the congregation have a duty of care towards the poor ("One carries the burden of the other", Gal. 6, 2).

middle Ages

Among the Teutons , the status of the fortified farmers and the institute of the commons had developed. This structure was replaced in the early Middle Ages at the time of the Carolingian Empire by the formation of the knighthood , through which central rule could be better secured. The medieval ownership structure was shaped by manorial lords , which existed either as fiefdoms (right of use granted by the sovereign) or less widespread as allodies (inheritable property). Property in the cities, but also the sometimes very large property of the monasteries, was mostly property (allod). Even allodies were not freely alienable in every case, but were partly patrimonial property, i.e. real estate inherited from ancestors, which was intended to remain in the same family (cf. Familienfideikommiss ). Agriculture was mostly self-sufficient. There were free and unfree peasants. The bulk of the people lived as servants or day laborers . There was the form of bondage linked to the person as serfdom and the basic bondage linked to the ground. While in Italy the cities gained a counterweight to the landowners early on, urban structures only gradually emerged north of the Alps. Trade and market law developed in the cities, and fairs , merchants' guilds and craftsmen's guilds came into being in Flanders . A high point in the High Middle Ages was the founding of the Hanseatic League .

Property was or is often characterized by so-called private label , for example, coat of arms and branding . The boundary stones dating back to the Hermes cult are used to mark real estate . William the Conqueror introduced what is probably the first land register for land in England in 1086 , the Domesday Book . Independently of this, the medieval German cities kept city ​​registers , forerunners of today's land registers.

Of particular importance for legal history in the Middle Ages, the revival of Roman law was initiated by research by lawyers at universities, above all at the University of Bologna . This also had an influence on the canonical church law represented by the decretists , which was systematically summarized in the Decretum Gratiani .

Thomas Aquinas tried to develop a mediating position between the teaching of Aristotle and the conceptions of patristicism. An important step in the development of the conception of property is the teaching of Wilhelm von Ockham , who defined as property what can be sued in court. The only natural right that Ockham recognizes is the right to preserve oneself. From this arises the claim of the poor to receive at least as much from the rich as they need to live. Natural law also means that all people are free, even if international law permits slavery. Especially with regard to slaves and the position of women, he opposes the tradition since Aristotle, which was still represented by Thomas Aquinas.

Early modern age

The growth of cities that began in the late Middle Ages, the increasing number of universities being founded, the invention of printing , the discovery of America , the Renaissance and humanism characterize structural changes in society at the beginning of the early modern period . Thought is becoming more secular , the Church is defending itself with the Inquisition , but has to accept its loss of power in the course of the Reformation , the development of the natural sciences and the formation of the nation states. The dominant form of rule in the 17th and 18th centuries is absolutism . The subsistence economy begins to dissolve. The structures of feudalism are gradually being softened by city ​​rights , village regulations and the transfer of jurisdiction to the parishes. In rural areas, groups of resettlers such as heuerlings or Kötter and Bödner arise . The economy is becoming more complex with pre-industrial modes of production such as home work and first manufactories and an expanding market economy . The transition to mercantilism and physiocratism develops . During this time, intellectual property emerged as a new form of property, initially as privileges , then also protected by patent law (Venice 1474, Great Britain 1623, France 1790). The mountain orders of the 15th and 16th centuries also fall under the scope of privileges . The questions copyright were first settled in the 18th century.

Thomas Hobbes , who philosophically supported absolutism , developed the idea of ​​the social contract , in which the individual transfers his or her freedom rights to a central, all-powerful ruler. As the absolute ruler, he lays down laws and enforces them. Nobody can restrict the right of the owner but the sovereign. But the citizen also has no right to prevent him from doing so.

After the English Civil War , the bourgeoisie in England had grown so strong, despite the Stuart Restoration , that after the Habeas Corpus Act (1679) in the Glorious Revolution (1688) it was able to enforce the sovereignty of Parliament against the king with the Bill of Rights . In the Two Treatises on Government , John Locke assessed property as a fundamental right . However, property does not arise through a contract, as with Hobbes, but is based on over-positive natural law. In the justification of property, Locke takes a completely new path with his labor theory. By nature, man is entitled to appropriate a part of nature for the purpose of self-preservation. By working on a natural good, man brings part of himself into the object. Natural goods have little value without work . Water in nature does not belong to anyone. However, the water in the jug has undisputedly become property (II § 29). The value of the land is also largely created by work (II § 43). For Locke, however , the acquisition of property, that is, the appropriation of nature, has its limits where man can no longer consume what nature has gained through work (II § 32). The possibility of exchange and the institution of money are decisive for the formation of wealth . By swapping the result of the work, for example apples for nuts, he gets something less perishable. He is allowed to own this, even if he does not use it directly. Through the establishment of the money, an agreement was reached between the people that the safekeeping of property can be unlimited. “The great and main goal, why people unite to form a state and place themselves under a government, is the preservation of their property.” (II § 124). Locke explains the different wealth with different diligence and the different individual requirements of people. Interventions in property by the state always require the consent of the citizens (II § 139).

According to Jean-Jacques Rousseau , the formation of property leads to people leaving their original state. "Competition and rivalry on the one hand, conflict of interests on the other, and always the hidden desire to make one's profit at the expense of others: all these evils are the first effect of property and the inseparable wake of the inequality that arises". (Discourse, 209) “The first who fenced in a piece of land and said boldly: 'This is mine' and found such simple-minded people who believed that became the true founder of civil society. How many crimes, wars, murders, suffering and horrors would one have spared the human race if he had torn out the stakes or filled the ditch and called out to his own kind: 'Don't listen to this deceiver. You are all lost if you forget that the fruits belong to everyone and the earth to none. '”Nevertheless, he regards property as“ the most sacred of all civil rights, in certain respects even more important than freedom itself […] because property is the true foundation of human society and the true guarantor of the citizens' obligation. "

“What man loses through the social contract is his natural freedom and an unlimited right to everything he longs for and what he can achieve; what he receives is civil liberty and ownership of all that he has. In order not to be mistaken in this balancing act, it is necessary to clearly distinguish natural freedom, which finds its limits only in the strength of the individual, from civil freedom, which is limited by the common will, and property, which is only one The consequence of the strength or the right of the first owner is that of property that can only be based on an express title. ”(CS I 8). In the republican state of Rousseau, civil liberty is limited by the common good . Correspondingly, a democratic decision can intervene in the distribution of income and progressive taxes can create greater distributive justice . “He who only has what is simply necessary does not have to contribute anything; the taxation of those who have superfluous things can in an emergency go up to the sum of what exceeds what is necessary for them. "

Much as Locke is credited with influencing the American constitutions, particularly the Virginia Bill of Rights of 1776, Rousseau's writings influenced the French Revolution . Article 17 of the Declaration of Human and Citizens' Rights states: “Since property is an inviolable and sacred right, it cannot be deprived of anyone unless it is clearly required by the public need established by law, and that it is just and prior Compensation is paid. "

To determine property, Immanuel Kant distinguished the inner and outer "mine and yours". The inner mine and yours is the right to one's own person. Property as the external mine and yours does not exist by nature, but is acquired, because it requires the consent of another, because property affects the other's sphere (RL, AA VI 245). Property differs from sensual property in that it is an intelligible property that can only be imagined through the mind. Property without state power is only provisional. Property is not legitimized if it restricts others in their freedom without their consent. From this it follows that the formation of property necessarily leads to a republican state.

Modern

The concept of modernity and its demarcation from the early modern period are blurred. For the theory of property it is important that in the change from the 18th to the 19th century, after the USA and France, a number of states adopted a republican constitution with the fixation of fundamental rights . In a number of countries, civil law has been adapted to new needs on the basis of Roman law (law of reason ). In economic development, industrialization continued steadily. In addition to the dependent rural population, a workforce emerged in the cities who worked in factories , but also in mines and large metal processing companies. Inadequate social conditions led to a pauperization of increasing parts of the population and the emergence of the social question . The feudal class society becomes a class society in which ownership of the means of production has a significant influence on one's position in society.

At the beginning of the 19th century, criticism of the developing conditions began. For the early socialist Pierre-Joseph Proudhon : "Property is theft". But romantic philosophers like Franz von Baader also criticized the social situation of the workers. For Karl Marx and Friedrich Engels, property was the cause of the alienation and exploitation of the worker. “Capital has agglomerated the population, centralized the means of production and concentrated property in a few hands. The workers, who have to sell themselves piece by piece, are a commodity like any other article of commerce and are therefore equally exposed to all the vicissitudes of competition and all fluctuations in the market. ”They therefore saw communism primarily as a project to“ abolish private ownership ”of the means of production exploitation based on it.

Only the social legislation that began in the second half of the 19th century and has been progressing since then gradually reduced the conflict between the haves and the haves in the western industrialized countries, and with increasing prosperity people began to talk about classes and finally about milieus . The bourgeois middle classes emerged, which in turn built up wealth and property. In Russia , on the other hand, the revolution of 1917 led to the formation of a socialist or communist state, which suppressed private ownership of the means of production, but maintained and exacerbated wage labor. In addition, after the Second World War, the Soviet Union's sphere of influence expanded into a number of Eastern European countries and the establishment of a socialist state in China . These forms of government, which suppressed private ownership of the means of production in general, were at the same time associated with considerable restrictions of individual civil liberties and in some cases could not prevail against the competition and politics of the western industrialized countries. The dispute over the question of private ownership of the means of production is led by reformist forces more than a question of distributive justice and the permissible extent of private property, but radical, anarchist and communist efforts to abolish private ownership of means of production continue to exist worldwide.

Max Weber views property from the perspective of social relationships, which he describes as "open" when nobody is prevented from participating in mutual social action. If, on the other hand, participation is restricted or subject to conditions, he speaks of “closure”. A closure always takes place when those involved expect an improvement in their chances of satisfying their needs. Weber calls a closure inwards, i.e. within a group, appropriation . For him, rights are therefore an appropriation of opportunities. "Hereditary chances appropriated to individuals or to hereditary or societies should mean:" property "(of individuals or communities or societies), externally appropriated:" free "property." Property is an instrument for regulating procurement competition. This restricts the power of disposal over goods.

The Catholic social teaching connects Thomas Aquinas and holds the property as a necessary factor for the realization of individual freedom. At the Second Vatican Council it was established that private property - including the means of production - contributes to the “self-portrayal of the person” and creates “the absolutely necessary space for the independent shaping of the personal life of each individual and his family”; the right to property must be seen as “a kind of extension of human freedom”.

In his influential work in 1961, the English expert on Roman law and legal philosopher Tony Honoré regards property no longer as a single right, but as a bundle of eleven rights, as follows:

  1. the right to own: the owner may own the thing, i.e. has exclusive control over the thing. If the thing cannot be physically possessed, for example in the case of non-things, then possession is understood metaphorically or simply as preventing others from using it.
  2. the right to use: the owner may use the thing for personal purposes, also as a difference to the rights to management and profit use.
  3. the right to manage: the owner can control who, when and how the property is used.
  4. the right to income: the owner has the rights to any income that the thing generates by letting third parties use the thing.
  5. the right to capital value: the owner may sell, give away, consume, waste, modify or destroy the thing.
  6. the right to security from expropriation: the owner must not be expropriated (Honoré speaks of immunity from expropriation).
  7. the process of transfer: the owner may transfer parts of his rights or all rights to the thing to third parties, for example bequeath or give them away.
  8. the right to the thing is not limited in time: the rights do not expire with time, but are eternal.
  9. the duty to prevent damage: A third party must not be harmed by the thing.
  10. the attachment of the thing: the thing can be attached to cover debts.
  11. Residual Rights: The existence of rules to remedy due owner rights, such as who holds the property rights when taxes are not paid or when other obligations of the property are not met.

For John Rawls , in his theory of justice , the right to property is one of the fundamental freedoms to which, according to the first and highest of his two principles, everyone is entitled without restriction, provided that these freedoms do not restrict the freedoms of others. This does not say anything about the distribution of property . According to the second principle, social and economic inequalities are only permissible to the extent that the least beneficiaries of a society benefit from them. The second principle implies that redistribution is justified when it benefits the least favored. In an open market economy, this can mean that redistribution is to be avoided if this affects growth and thus general prosperity. In any case, the subsistence level must be ensured through the distribution .

In addition to property rights, which can only relate to physical objects, the rights to intellectual creations have been gaining importance since industrialization (“ intellectual property ”). At the present time, this applies beyond the question of copyright law to the ownership of natural processes in genetic engineering or of immaterial goods such as software .

Property order

The ownership structure of a company as part of the economic system regulates the rights of disposal over economic goods . In addition to the direct determination of property in private law , the property order includes the classification of property as a basic right in the constitution ( protection, guarantee or inviolability of property ) and a large number of regulations in public law ( land law , forest law , neighborhood law , municipal regulations, etc.) by the the use of the property is limited. Only the interaction of these legal provisions reflects the material content of a property system. In the theory of rights of disposal , a distinction is made between the right to use, sell, modify and rent a property.

The totality of the property of a person (or a group, a company, an economy, etc.) is also called their " assets ". In the original sense of the word it is stated that property gives power , for example when someone pays other people to work for him.

In addition to private property, in which a certain thing belongs to a certain individual, there is also communal ownership in developed societies (two or more individuals are joint owners, e.g. a driveway to their property), communal property (e.g. a forest belongs to a city) and state property (e.g. the continental shelf off the coast belongs to the country concerned). Organizations such as authorities, societies or associations can also be owners, e.g. B. of land or buildings.

Ownership systems can be differentiated according to which types of goods are allowed to be private property and which are not:

  • Is private property of other people permissible (slavery, serfdom)?
  • Is private ownership of positions of authority permitted (hereditary nobility, dynasty)?
  • Is private ownership of means of production and infrastructure facilities such as land, factories, bridges, roads etc. permissible (capitalism)?
  • Does a good treated as property have (physical) properties that restrict the assignment of the good to a sphere of ownership (air, water, environment, organisms that can only be controlled to a limited extent, ideas, etc.)?

In addition, there are significant differences due to the differently structured rights of intervention of the political authorities ( taxation of property and its inheritance , regulation of expropriation and the corresponding compensation , social liability of property ).

A large part of the possible social conflicts is regulated with the property system: Without demarcated property, there is either a dispute with all goods that are not available in abundance or a generally recognized regulation is required as to who is allowed to use which good and when.

By delimiting spheres of property and assigning them to certain people, social decision-making is considerably simplified. If everyone decides about everything, the information and decision-making process is extremely complex and takes far more time than if everyone just decides about their own.

According to the theory of rights of disposal, the advantage of private property is the generation of a strong motivation for the owner to use goods sparingly and economically and to create new goods. Collective property, on the other hand, leads to inefficient behavior. Nevertheless, there was traditionally collective ownership, especially in agriculture. In pre-revolutionary France, for example, there were different forms of communal property. In 1769, Mirabeau first named the partners in the collective land ownership as "communistes", he saw social advantages in them, among other things. In addition, before and after the revolution of 1789 there were family communities of property among free farmers, the “communauté taisible”.

It comes to the tragedy of the commons , the phenomenon that people achieve less when they work collectively, because they neither have to bear the consequences of their actions in full nor are the individual efforts fully attributed.

However, the property system also creates completely new problems.

  • Property has a constant tendency to be unevenly distributed because it can be used for its own augmentation (e.g. by lending, renting, leasing, or investing in profitable projects).
  • The more unequal the distribution of income and wealth in a society, the more acute the question of social justice becomes.
  • With the stratification of society according to wealth, social differences and tensions arise between rich and poor, between debtors and creditors. Social measures (private charity, state welfare, institutionalized debt relief, etc.) are necessary to reduce social tensions.
  • If property is inherited, the newborns have different starting chances from the outset depending on their social class. If property is not inherited, older people with children will lose their motivation because they cannot bequeath anything to their children.
  • Particularly in the case of a monopoly , where goods that are generally needed are in the hands of a single supplier and there is no competition to curb prices, the question of social justice arises .

In addition to the problems that arise from an unequal distribution of income, there are problems that cannot be resolved by the institution of private property alone:

  • There are detrimental effects across property lines (someone is planting trees on their property. This means that there is no sunshine on the neighboring property).
  • There are goods that others cannot be excluded from using (A builds a dike against flooding and neighbor B enjoys protection without having helped to build the dike himself).

Property in the legal system of individual states

Communal and "social" property

In many traditionally shaped cultures there is an intermediate form between individual property and centralized state property, the so-called commons . What is meant is the collective ownership of a community, such as a village, of resources that are used jointly according to certain rules. After this form of management of natural resources was considered unsuitable for a long time from the perspective of the tragedy of the commons , the assessment has changed in recent decades.

A special form of collective property is “social property”, a property concept of the former Yugoslavia . This conception stems from the socialist ideology insofar as it means a departure from the market economy understanding of property. However, it is not to be equated with supposedly communist state or national property , in which the state is the legal entity and which, according to the Yugoslavian view, just like private property, leads to the exploitation and alienation of workers through the monopoly of economic and political power.

In the Yugoslav constitution of 1974 , social property is defined negatively. Nobody , neither a regional authority, nor an organization of united labor or the individual worker, is the bearer of the property rights to the social means of production. According to this, nobody gains title to the product of social labor or can dispose of the social productive forces or determine their distribution.

The specification of the definition and the interpretation of social property has remained controversial and legally controversial since its introduction in 1953. The core of the dispute is the question of whether social property is a legal or a purely socio-economic category, as well as the question of the bearer of the property right, if this is answered in the affirmative.

Based on the understanding of private capital or market economy, it is also argued that social property is more of a regulatory category than a legal form or category of property. In the case of social property, there is largely no assignment of control over a thing to a legal or natural person, as in other property constitutions. Nevertheless, certain individual rights arose even from social property and in this sense one can speak of a property category, even though it does not find any equivalent in market-economy systems.

Correspondingly, social property is to be classified as a surrogate of property or a right of use similar to property. Nevertheless, it must be taken into account that in this socialist property order private property continued to exist alongside market economy ideas. The question of the legal classification of social property became more topical after the break-up of Yugoslavia and the attempt to clarify the ownership structure of private individuals and the privatization of companies . In Bosnia and Herzegovina has been regulating the open property claims Private the Commission for Real Property Claims (CRPC) and Kosovo (the residential and property directorate Housing and Property Directorate / Claims Commission - HPD / CC) built.

See also

literature

Web links

Wiktionary: Property  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. Martin Wolff : Property Law . 6th edition. 1926, p. 144 .
  2. Ursula Floßmann : Concept of property and land management in historical change. Institute for Local Science, Linz 1976, p. 20.
  3. Hannes Siegrist, David Sugarman (ed.): Property in international comparison: 18. – 20. Century (= critical studies on historical science . Volume 130). Vandenhoeck & Ruprecht, Göttingen 1999, p. 11.
  4. ^ Hannes Siegrist, David Sugarman: History as a historical-comparative property science. In: Hannes Siegrist, David Sugarman (ed.): Property in an international comparison: 18. – 20. Century (= critical studies on historical science . Volume 130). Vandenhoeck & Ruprecht, 1999, p. 9 ff.
  5. See for example Franz von Benda-Beckmann , Keebet von Benda-Beckmann, Melanie G. Wiber (eds.): Changing Properties of Property. Berghahn Books, 2009.
  6. see W. Theil: Property and Obligation: Some Legal Aspects. In: HJ Stadermann, O. Steiger: Verpflichtungsökonomik. Property, Freedom and Liability in the Money Economy. Pp. 175–200 ( online version ( memento of the original from October 9, 2007 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this note. PDF; 187 kB). @1@ 2Template: Webachiv / IABot / www.eigentumsoekonomik.de
  7. ^ Otto Kimmich: Property. In: Staatslexikon. Law - Economy - Society. Volume 2. Herder, Freiburg 1995, p. 161.
  8. Werner Sombart : The order of economic life. ; Reprint of the 2nd edition from 1927 in Springer-Verlag, Heidelberg / Wiesbaden 2007, p. 21, ISBN 978-3-540-72255-7 .
  9. Bernd Andreae : World Economic Plants in Competition: Economic scope within ecological limits. A product-related crop geography. De Gruyter , Berlin 2016, p. 67, ISBN 978-3-11-083977-7 .
  10. ^ Wolfgang Theil: Property and Obligation. In: Joachim Stadermann, Otto Steiger (Hrsg.): Verpflichtungsökonomik. Property, Freedom and Liability in the Money Economy. Metropolis, Marburg 2001, pp. 175-200, p. 176.
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