DISSERTATION ON PROPERTY IN THE EUROPEAN PHILOSOPHY AND LEGAL CULTURE

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. 

Author Bronisław Sitek (Wydział Prawa)
Bronisław Sitek,,
- Wydział Prawa
Pages94-113
Publication size in sheets0.95
Book Sitek Bronisław, Szczerbowski Jakub, Bauknecht Aleksander, Szpanowska Magdalena, Wsyliszyn Katarzyna (eds.): Private Interest and Public Interest in European Legal Tradition, vol. Private Interest and Public Interest in European Legal Tradition, no. 1, 2015, UWM Olsztyn , ISBN 978-83-62383-55-9, 545 p.
Private-Interest-and-Public-Interest-in-European-Legal-Tradition.docx / No licence information (file archived - login or check accessibility on faculty)
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.

Languageen angielski
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msrzec2012.doc of 14-09-2015
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Score (nominal)5
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Dorobek Naukowy - Preview URLhttp://dn.swps.edu.pl/Podglad.aspx?WpisID=18112
Dorobek Naukowy - Approve URLhttp://dn.swps.edu.pl/Biuro/ZatwierdzanieWpisu.aspx?WpisID=18112
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