D.I. Meyer about the essence of the property right and its constituent parts

The paper presents D.I. Meyer’s views on ownership, which is considered to be the most important property right for the civil turnover, and on its traditional contents, including powers of possession, use, and disposal. Special attention has been paid to D.I. Meyer’s idea that including the right to...

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Main Authors: Z.A. Akhmetyanova, O.N. Nizamieva
Format: Article
Language:English
Published: Kazan Federal University 2019-08-01
Series:Ученые записки Казанского университета: Серия Гуманитарные науки
Subjects:
Online Access:https://kpfu.ru/uz-eng-hum-2019-4-10.html
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author Z.A. Akhmetyanova
O.N. Nizamieva
author_facet Z.A. Akhmetyanova
O.N. Nizamieva
author_sort Z.A. Akhmetyanova
collection DOAJ
description The paper presents D.I. Meyer’s views on ownership, which is considered to be the most important property right for the civil turnover, and on its traditional contents, including powers of possession, use, and disposal. Special attention has been paid to D.I. Meyer’s idea that including the right to protect the property in the content of ownership as a fourth component is unnecessary, because it is already involved in the concept of law itself, and any possible action of the owner regarding the property can be reduced to possession, use, and disposition. Such characteristics of ownership as legal domination, property of completeness, and measure of freedom (limitation) have been discussed, whereas the right itself has been considered as the relationship of a person to a thing. In addition to the possible manifestations of the component parts of the property rights, possible restriction of powers and restrictions of the property rights in general have been considered. According to D.I. Meyer, limitations can be related both to the subject of ownership and to any part included in it. Besides the analysis of the thoughts of the leading civil law scholar about the essence of the subjective property rights, his position in terms of the current Russian legislation has been discussed.
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publishDate 2019-08-01
publisher Kazan Federal University
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series Ученые записки Казанского университета: Серия Гуманитарные науки
spelling doaj-art-b096ec5d0fd84499b01cabe791a3b4222025-01-03T00:45:59ZengKazan Federal UniversityУченые записки Казанского университета: Серия Гуманитарные науки2541-77382500-21712019-08-01161414615510.26907/2541-7738.2019.4.146-155D.I. Meyer about the essence of the property right and its constituent partsZ.A. Akhmetyanova0O.N. Nizamieva1Kazan Federal University, Kazan, 420008 RussiaKazan Federal University, Kazan, 420008 RussiaThe paper presents D.I. Meyer’s views on ownership, which is considered to be the most important property right for the civil turnover, and on its traditional contents, including powers of possession, use, and disposal. Special attention has been paid to D.I. Meyer’s idea that including the right to protect the property in the content of ownership as a fourth component is unnecessary, because it is already involved in the concept of law itself, and any possible action of the owner regarding the property can be reduced to possession, use, and disposition. Such characteristics of ownership as legal domination, property of completeness, and measure of freedom (limitation) have been discussed, whereas the right itself has been considered as the relationship of a person to a thing. In addition to the possible manifestations of the component parts of the property rights, possible restriction of powers and restrictions of the property rights in general have been considered. According to D.I. Meyer, limitations can be related both to the subject of ownership and to any part included in it. Besides the analysis of the thoughts of the leading civil law scholar about the essence of the subjective property rights, his position in terms of the current Russian legislation has been discussed.https://kpfu.ru/uz-eng-hum-2019-4-10.htmlproperty rightcontent of property rightright of ownershipright of useright of disposalrestrictions of property rights
spellingShingle Z.A. Akhmetyanova
O.N. Nizamieva
D.I. Meyer about the essence of the property right and its constituent parts
Ученые записки Казанского университета: Серия Гуманитарные науки
property right
content of property right
right of ownership
right of use
right of disposal
restrictions of property rights
title D.I. Meyer about the essence of the property right and its constituent parts
title_full D.I. Meyer about the essence of the property right and its constituent parts
title_fullStr D.I. Meyer about the essence of the property right and its constituent parts
title_full_unstemmed D.I. Meyer about the essence of the property right and its constituent parts
title_short D.I. Meyer about the essence of the property right and its constituent parts
title_sort d i meyer about the essence of the property right and its constituent parts
topic property right
content of property right
right of ownership
right of use
right of disposal
restrictions of property rights
url https://kpfu.ru/uz-eng-hum-2019-4-10.html
work_keys_str_mv AT zaakhmetyanova dimeyerabouttheessenceofthepropertyrightanditsconstituentparts
AT onnizamieva dimeyerabouttheessenceofthepropertyrightanditsconstituentparts