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Competences can be passed or liquidated. At last, the competence is inaliennable in that measure, in By what its transfer is not supposed even at mutual desire
Participants of the transaction (for example, it is given to nobody of the right
To sell itself in slavery). The state, besides definition
Initial distribution of the property rights and
Indemnification purposes at their sale, limits them
Transfer in itself.
G.Kalabrezi and E.Melameda's classification it to explain
Concrete example. We will present that factory emissions from
A certain manufacture reduce a crop of neighbouring farms.
1. "The right to pure air" belongs to farmers and is protected
Property rule if the owner of factory cannot
To put a damage to environment emissions, without having received on
It of the consent of farmers (i.e. "Without having redeemed" at them given
2. "Right" belongs to farmers, but is protected by a rule
Responsibility if the owner of factory can pollute
Air emissions, but is obliged to pay for it to farmers
Indemnification established by the law.
3. "Right" is at the owner of factory and is protected by a rule
Properties if he can free be engaged
The activity also will stop pollution only after
How farmers together "will redeem" at it the granted right.
4. "Right" is at the owner of factory, but is protected
Responsibility rule if farmers can stop
Pollution, having paid to the owner of factory established by the law
5. "Right" is inaliennable if exists
Absolute interdiction for pollution, irrespective of intentions and
Desires as farmers, and the owner of factory. (For example,
When the district represents, from the point of view of a society,
Exclusive natural or a historical value.)
The rule 3 is applicable when farmers are capable better
To weigh relative benefits (factory output) and
Costs (crop reduction) pollution. In a return case
It is necessary to give preference to a rule 1. (Idea, we will remind,
They are assigned to that party, for which rather more low.)
If we are in a status of uncertainty and we do not know,
What value is represented by the right for each of the parties, and
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