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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Format: | Article |
Language: | English |
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Kazan Federal University
2019-08-01
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Series: | Ученые записки Казанского университета: Серия Гуманитарные науки |
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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. |
format | Article |
id | doaj-art-b096ec5d0fd84499b01cabe791a3b422 |
institution | Kabale University |
issn | 2541-7738 2500-2171 |
language | English |
publishDate | 2019-08-01 |
publisher | Kazan Federal University |
record_format | Article |
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 |