Ryzhenkov A.Ya. The Structure of Ownership Rights (Theoretical-Philosophical Analysis)
DOI: https://doi.org/10.15688/lc.jvolsu.2018.1.15
Anatoliy Ya. Ryzhenkov, Doctor of Juridical Sciences, Professor, Department of Civil and International Private Law, Volgograd State University, Base Department of the Southern Scientific Center of the Russian Academy of Sciences, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
Introduction: the Article is devoted to the structure of ownership. Structure is such an invisible symbolic reality that determines the inner unity of a complex object, the way it is divided into parts and connected together, as well as its safety in time. In the structure of the subject its real indivisibility is combined with mental divisibility. The aim of the study is not limited to identifying the components of the whole and the relationship between them, to reduce them to a set of opposites (binary oppositions), creating internal tension of the structure and giving it the dynamics of development. Methods: Structural analysis as a special approach to the study of legal, as well as other social phenomena, is based on the idea that the meaning of a person’s actions is determined not so much by his subjective intentions, but by Autonomous forces that act in addition to his desire. The initial step of the structural analysis of ownership involves the discovery of its basic elements, which include subjects, objects, properties and actions. Results: Recognition of ownership takes place at two levels. First, the required level is normative; its subject is the legislator as a political sovereign, which determines the scope and limits of the owner’s rights for a given society. The second optional level of recognition is individual; its subject is, for example, the court or the Registrar. The only property inherent to the owner is the ability to bear the burden of maintaining the property. The main property of the object of ownership is its separability (alienation) from the identity of the owner. Ownership does not require any real action to be taken. All actions included in it, is not real and potential, that derives from the meaning of the word “authority”. Conclusions: the right to property is an ideal product of the human consciousness and involves an appeal to the objects of the material world; however, with the development of this institution, it is increasingly expanding its action on the ideal objects and thereby weakens its relationship with reality. Active, active beginning of the right of ownership is on the side of his subject; passive, dormant – on the side of the object. However, in the legal structure of the right of ownership activity is inherent only conditionally, and does not exclude passivity on both sides, so that the inert, oblique nature of the object of the right of ownership is not set in motion.
Key words: property, structure, contradiction, subjects, objects, powers, integrity, resplendent, activity, passivity.
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