Private property is one of the forms of ownership , which implies the legal right of an individual or legal entity, or their group, to the subject of ownership [1] [2] .
Private property includes: individual, corporate, cooperative, joint-stock, intellectual , copyright and any other non-state form of ownership [3] . At the same time, state ownership also fits the definition of private, since the state is a legal entity [4] . Private property does not include public property .
A special form of private property was the ancient form of ownership, land at which they could be sold, donated and exchanged, but only to fellow citizens, while the state could limit the size of land owned by citizens. The antique form of ownership was common in all Greek states of antiquity, except for Sparta and Crete, where state ownership of land was established. In the V — III centuries. BC e. Private property also appeared in Rome, where it coexisted for a long time with patrimonial property .
A special form of private property was the form of ownership of slaves, preserved in some countries to this day.
Private property right in the capitalist legal system is one of the fundamental personal rights and is considered in the field of property law [5] .
Content
Private Property Features
A private owner has the right to act with his property at his discretion (sell, give, bequeath, etc.) without the consent of the public authorities (state or municipal authorities, their representatives). Therefore, sometimes private property is considered as the opposite of state and municipal property.
Private property institutions become more complex as society develops, but it is an integral part of a market economy .
The transfer of ownership of property from state (municipal) to private property is called privatization . The reverse transition is called nationalization .
In pre-revolutionary Russia
In the Grand Duchy of Moscow there was the property of the Grand Duke, the property of the specific princes and the property of the boyars - patrimonies. The landowners did not own their estates, the estates belonged to the Grand Duke, and the landowners were its holders. The decree on uniform inheritance, issued in 1714, equating estates to the patrimony, actually declared the estates to be private property of the landowners. Later during the XVIII century it was allowed to own land on private property to representatives of other classes - the merchants and the state peasantry. The sale and purchase of peasants by the landlords suggests that the peasants were owned by the landlords and were often used as goods.
Private property in the USSR
In the USSR there was a separation of the concepts of personal and private property. The main difference was the inadmissibility of privately owned public means of production of labor input. The concept of private property was also opposed to the concept of state property .
This was due to the understanding of private property as a type of property in which a part of public property is alienated from public ownership in favor of a private owner and used for the legal robbery of those who actually create wealth in favor of the formal owner of private ownership of the means of production. This is illustrated in articles 9 and 10 of the Constitution of the USSR 1936 [6] .:
Article 9. Along with the socialist system of economy, which is the dominant form of economy in the USSR, the law permits the small private economy of individual peasants and handicraftsmen, based on personal labor and excluding the exploitation of other people's labor.
Article 10. The right of personal property of citizens to their labor incomes and savings, to a residential building and auxiliary household, to household items and household items, to personal consumption and convenience items, as well as the right to inherit personal property of citizens, are protected by law.
The separation of private and personal property is accepted in socialist theories, including Marxism and anarchism . [7]
Such an understanding of private property and the use of own terms that define private property in any way are characteristic of the left wing of anarchism : social anarchism, anarcho-maximalism, anarcho-communism , anarcho-collectivism , as well as for the parties and movements of the communists of the left communists , orthodox communists , a significant part of the Social Democrats , some socialists. In the right wing of anarchism, such trends as anarcho-individualism , anarcho-capitalism , libertarianism , national anarchism, etc. the concept of private property is usually not used at all in theory.
In the General Law system of the Anglo-Saxon legal family, personal property is called movable property [8] .
Private property in Russia
The restoration of the institution of private property in Russia took place in 1990 . [9] [10] [11] [12]
In Russia, private property is one of the forms of ownership defined in the Constitution (part 2 of article 8: “in the Russian Federation, private, state, municipal and other forms of ownership are recognized and protected in the same way”) and the Civil Code (paragraph 1 of article 212: “In the Russian Federation, private, state, municipal and other forms of ownership are recognized”).
The legislation of the Russian Federation provides for the exclusion from private ownership of certain types of property, "which, in accordance with the law, may not belong to citizens or legal entities." [13]
Private Property in China
Formally, since 2007, private property has been declared in China on a par with state almost fully, including the right of inheritance, but with the exception of private ownership of land. [14]
See also
- Collective ownership
- Public property
Notes
- ↑ Raizberg B.A., Lozovsky L. Sh., Starodubtseva Ye. B. Modern economic dictionary. 5th ed., Revised. and add. - M .: INFRA-M, 2007. - 495 p.
- ↑ Large legal dictionary. 3rd ed., Ext. and reslave. / Ed. prof. A. Ya. Sukhareva. - M .: INFRA-M, 2007. - VI, 858 p.
- ↑ Private property (inaccessible link) in the SmartMoney Business Dictionary
- ↑ § 1. The state as a legal entity of public law
- ↑ Ivanets G.I., Kalinsky I.V., Chervonyuk V.I. Constitutional Law of Russia: Encyclopedic Dictionary / Ed. V.I. Chervonyuk. - M .: Yurid. lit., 2002 .-- 432 p.
- ↑ USSR Constitution of 1936 . www.hist.msu.ru. Date of treatment April 1, 2017.
- ↑ Gewirth, Alan. (1996). The community of rights. University of Chicago Press. p 168
- ↑ Personal property (Russian) // Wikipedia. - 2018-09-27.
- ↑ Private property (inaccessible link) in the SmartMoney Business Dictionary
- ↑ PRIVATE PROPERTY IN RUSSIA: NO RESTRICTIONS . Magazine "Power" No. 39 (39) from 10/01/1990. Publisher Kommersant
- ↑ Law of the USSR of March 6, 1990 "On Property in the USSR"
- ↑ Law of the RSFSR of December 24, 1990 “On Property in the RSFSR” (Unavailable link) . Date of treatment July 9, 2010. Archived January 3, 2014.
- ↑ Art. 213 of the Civil Code
- ↑ China Private Property Law
Literature
- Munchaev R.M., Amirov S.N. Homo Dominus. About property signs in Northern Mesopotamia of the era of late primitiveness. (Part 2) (Russian) // Russian Archeology : Journal. - 2018. - No. 4 . - ISSN 0869-6063 . - DOI : 10.31857 / S086960630003385-2 .
Links
- Semenov Yu. I. On the correlation of private property and freedom // Social Philosophy at the End of the 20th Century / Ed. K. H. Momjyan. - M .: Moscow State University, 1991 .-- S. 82-85.
- Alexander Goryanin Traditions of freedom and property in Russia