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With. 320). It is not out of place to remind that the position was same also To.
Marx: when on the higher phase of a communistic society
The rarity problem, only will be solved then becomes possible
Distribution on requirements, it the state,
Class distinctions will definitively disappear. Fourthly,
The treatment of the property rights has comprehensive character,
Incorporating both material, and incorporeal objects
(A flesh to an inaliennable personal liberty). The Property rights
Fix a position of the person in relation to use
Rare resources of any sort. Fifthly, relations
Properties are considered as authorised
Society, but it is not obligatory the state. Hence,
They can be fixed and protected not only in the form of laws
And judgements, but also a kind of unwritten rules, traditions,
Customs, moral standards. Sixthly, to the property rights
Behavioural value - is attributed one ways
Behaviour they encourage, others suppress. Seventhly,
The unapproved behaviour also remains in sight
Theories. It is understood economically: interdictions and restrictions
Do not eliminate it, and operate as negative stimulus,
Raising the costs connected with it (in the form of the possible
Punishments). Both observance, and infringement of the authorised
Behavioural norms turn to certificates of the rational
In the developed definition of concept of the property rights as though
The essentials which working out occupies the theory are declared
The property rights. Their disclosing - a problem of the subsequent
2. LEGAL PRECONDITIONS
Before directly to address to the economic theory
The property rights, it makes sense to meet the legal
Context in which its formation proceeded. Undoubtedly
The influence rendered on it Anglo-Saxon legal
The matter is that this tradition is essentially distinct from the legal
Systems of continental Europe. Delimitation between them in
To treatment of concept of the property goes back to the period
Bourgeois revolutions. During bourgeois revolutions and then
Right after them in the countries of continental Europe
The idea of the "absolute" right private became dominating
The properties, found a classical embodiment in the Code
Napoleon. The private property right was proclaimed
"Sacred and inviolable","unlimited and
Indivisible ". Cases of dispersal of competences among
Several persons were perceived as feudalism vestiges;
The tendency to concentration of all rights was prevailing
Properties on object in hands of one owner.
Contrary to it English legal system
Has kept many institutes of a feudal law. For example, it
Continued to consider as objects of the property as material
Things, and values of obligations character
(Incorporeal property), supposed smashing possibility
The property rights to any object to the partial
Competences of several persons.
Thus, it is possible to allocate two opposite legal
Traditions from which one represents the property right
As a certain indivisible monolith, and another - as set
Partial competences. From them now wins
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