Collective property

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As a collective ownership or common ownership , in contrast to is private property , each property is not a single (natural or legal) person designated to be heard, but by a social collective is managed. Depending on the subject and ideological perspective, there are different definitions of collective property, with the Marxist - communist understanding of the term predominating. The economic valuation of collective property as common good is discussed under the heading of tragedy of the commons .

Concept history

The Greek philosopher Plato already envisaged a family and property community for the upper classes in his main work on the ideal state of Politeia . This model was called "Platonic Communism" in modern times.

Karl Marx writes in his work On the Critique of Political Economy that it is a common prejudice to believe that the form of natural common property is specifically Slavic or even exclusively Russian. Rather, it is to be proven as an original form in the Romans, Teutons, Celts and Indians. He even claims that the various original types of Roman and Germanic private property are derived from different forms of Indian common property.

Political theory

The idea of ​​a community based on solidarity with collective property can also be traced back to later very different utopias (cf. Thomas More's Utopia and Campanella's Sun State ), but also to real models (see early communism ) - including the community of property of the early Jerusalem community .

Socialism and communism

Collective property is an elementary component of the political ideas of socialism and communism and here means the common ownership of certain goods by a whole society.

According to Karl Marx , the abolition of private ownership of the means of production in the dictatorship of the proletariat is the economic prerequisite for a classless society . In the Communist Party's manifesto, Marx and Engels call for the nationalization of all instruments of production: "The proletariat will use its political rule to wrest all capital from the bourgeoisie, all instruments of production in the hands of the state, that is, of the proletariat organized as the ruling class, to centralize and to increase the mass of production forces as quickly as possible. "

This program - nationalization of the means of production by a centralized state - was implemented directly in the real socialist states. Critics (including Marxists ) emphasized that collective property must not only be implemented on the level of legal ownership, but also on the social and political level of collective availability - collective property must go hand in hand with a comprehensive democratization of the production process. Since this did not happen under real socialism, it is de facto state property .

Well-known forms of organization of collective property with relative control of the collective owners in real socialist states are the kolkhoz and the sovkhoz . From a legal point of view, the GDR's publicly owned enterprises (VEB) also count as collective property , although the legal owners were in fact excluded from co-determination over their property in favor of a bureaucratically controlled central administration economy.

anarchism

The anarchism advocates Autogestion one. In collectivist and syndicalist currents, collective property is the central idea. Instead of state or private ownership of the means of production, the means of production are to be transferred to collective ownership and controlled and managed by the producers themselves. The owner collective is here limited to the workforce of a company and the consumers of a market. Comparable decentralized and collective arrangements can be found in the management of natural resources in traditional societies in the form of the commons .

In communist anarchism , property is generally suspended.

Social property

The "social property", a property concept of the former Yugoslavia, is a property-like right of use.

Jurisprudence

heritage

With the death of the testator , his entire property falls into the community of heirs in accordance with Section 1922, Paragraph 1 of the Civil Code and thus becomes collective property of the heirs (Switzerland: joint property ; Germany: joint property ). Decisions on the further use or use of the property can only be made jointly by all heirs in accordance with §§ 2032 ff. BGB. By dividing the inheritance among the heirs, collective property is transformed into private property of the respective heir.

Zoning

Collective property has been known for centuries as a traditional land order . In German-speaking countries (especially in Alemannic ) this collective use was as Allmend referred.

property

Partial ownership of real estate in accordance with Section 1 of the WEG can only be established for apartments . The respective co-owners form a homeowner association according to § 10 WEG. The apartment as such is the private property of each co-owner; the apartment owners' association only decides on joint ownership in accordance with Section 1 (5) WEG, i.e. the property and the parts, facilities and equipment of the building. The ratio of voting rights is not based on the head, but based on the relationship between the declaration of division and the WEG ( Section 10 (2) WEG).

Corporate law

The assets of legal entities ( stock corporation , limited liability company , association or similar) can also be considered as collective property . By paying ( Payment ) of the subscribed shares ( shares , ordinary shares) shareholders to acquire shares in the assets of a legal entity. If such a company is liquidated , all shareholders are entitled to shares in the liquidation surplus in proportion to their share rights.

Socialization in the Basic Law

According to Art. 15 of the Basic Law , land , natural resources and means of production can be transferred into common ownership or other forms of public economy for the purpose of socialization through a law that regulates the type and extent of compensation. ( Art. 14 regulates expropriation in individual cases).

Individual evidence

  1. Karl Marx: On the Critique of Political Economy. Franz Duncker, 1859; MEW Volume 13, p. 21. Note *.
  2. Manifesto of the Communist Party , Marx-Engels-Werke , Volume 4, page 481