DISSERTATION ON PROPERTY IN THE EUROPEAN PHILOSOPHY AND LEGAL CULTURE
Authors:
- Bronisław Sitek
Abstract
Shaping the content of property law depends on numerous factors; they are
the assumptions of domineering political doctrine, religion (theology) or
philosophy. We should also take into consideration the issue of historical
development of individual institutions. In the Roman law the property
institution has been shaped for long centuries. As a consequence, there
were different definitions of property; among them there is one, the most
important dominium. However, the specific form of possessing the estate
was ager publicus. According to the domineering political doctrine, the
territories conquered by Roman then, became the property of Roman
nation. The former owners became merely the users, obliged to pay the
leasing costs. The new conception of property appears together with the liberal philoso-
phy, and practically, with the economization of social relationships,
therein the law. From this perspective, the property is not the basic legal
institution, important to the economic development. It is emphasized to
exploit the means of production in a proper way. The owner, according to the legal principles, can leave his waste land, but from the economic perspective, this is the mistaken prerequisite, because this is the sign of ineffective exploitation of the means of production. The author of the European Code of Civil Law goes further in his suggestions, namely, the term goods replace the notion thing. This indicates that
the content of property law was adjusted to the free market doctrine, which
dominates everywhere nowadays.
- Record ID
- IMPORT-CHAPTER-00018112
- Author
- Pages
- 94-113
- Publication size in sheets
- 0.95
- Book
- Sitek Bronisław, Bronisław Sitek Szczerbowski Jakub, Jakub Szczerbowski Bauknecht Aleksander, Aleksander Bauknecht Szpanowska Magdalena, Magdalena Szpanowska Wsyliszyn Katarzyna Katarzyna Wsyliszyn (eds.): Private Interest and Public Interest in European Legal Tradition, vol. Private Interest and Public Interest in European Legal Tradition, no. 1, 2015, Olsztyn , UWM Olsztyn , 545 p., ISBN 978-83-62383-55-9
- Abstract in Polish
Shaping the content of property law depends on numerous factors; they are the assumptions of domineering political doctrine, religion (theology) or philosophy. We should also take into consideration the issue of historical development of individual institutions. In the Roman law the property institution has been shaped for long centuries. As a consequence, there were different definitions of property; among them there is one, the most important dominium. However, the specific form of possessing the estate was ager publicus. According to the domineering political doctrine, the territories conquered by Roman then, became the property of Roman nation. The former owners became merely the users, obliged to pay the leasing costs.
The new conception of property appears together with the liberal philoso- phy, and practically, with the economization of social relationships, therein the law. From this perspective, the property is not the basic legal institution, important to the economic development. It is emphasized to exploit the means of production in a proper way. The owner, according to the legal principles, can leave his waste land, but from the economic perspective, this is the mistaken prerequisite, because this is the sign of ineffective exploitation of the means of production.
- Language
- (en) English
- File
-
- File: 1
- msrzec2012.doc
- of 14-09-2015
132 KB
-
- Score (nominal)
- 5
- Additional fields
- Dorobek Naukowy - Preview URL: http://dn.swps.edu.pl/Podglad.aspx?WpisID=18112
- Dorobek Naukowy - Approve URL: http://dn.swps.edu.pl/Biuro/ZatwierdzanieWpisu.aspx?WpisID=18112
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- Uniform Resource Identifier
- http://192.168.13.97/info/article/IMPORT-CHAPTER-00018112/
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