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Where there is a property right and where it already is not present, not quite
It is correct. The property right is a continuous number, instead of
The fixed point. Under A.Alchjana and G.Demsetsa's remark, in
This or that competence to a thing belongs to what measure
To the proprietor, it is possible to judge on that, how much its decision
Predetermines its valid use. If
There is a probability equal to unit that the decision
The proprietor, expressing realisation by it any
Competences, and really without the slightest deviations will be
To be carried out in the course of resource use then it is possible
To tell that the proprietor possesses absolute competence on
This resource (7, with. 17).
Most vulnerable of A.Onore's list is the ninth element -
- Prohibition of harmful use. The American jurist
J. It suggests to exclude it from the full at all
Property right definitions, because the general prohibitions
Have no direct relation to the property status of a thing:
If for cars there is a restriction of speed, it
It is required to observe irrespective of, the person goes on
To the, borrowed or hired car (65, with. 336).
But this returning runs counter to representation about the right
Properties as a bunch of competences. Even if any
Combinations of competences do not admit "property right" in
Full sense of a word it does not mean that they cannot
To gemmate and belong to someone in such truncated
Kind. Having hired or having borrowed the car, the person
Gets at least the right of use of it and,
Hence, restriction of speed narrows for it volume
The problems connected with prohibition of harmful use,
Consist in other. The matter is that many ways of drawing
Damage to other persons not only are not forbidden, but are protected
The law. In the conditions of a private-ownership legal regime
Usually it is impossible to cause harm physically, by the direct
It is possible to cause a damage an indirect route, reducing its exchange
Cost. The businessman has not the right to ruin the competitor,
Having arranged an arson at its factory, but it has the right to ruin it,
Sharply having raised efficiency of own manufacture. And in
Medieval shops and this way of behaviour would be considered
Difficulties of exact scoping of the competence connected
With prohibition of harmful use, deduce on the key
Problem about admissible limits of restriction of the rights
Properties. The sense of this competence consists that
Even inclusion in a set of all elements from "the full
Definitions "do not do the property right unlimited.
It is natural, as the equal rights assume
Symmetric restrictions of the mutual plan. Restrictions on
The property rights of an individual follow from a recognition it
The property rights of other individuals. In exchange for the
Refusal of the behaviour, capable to cause a damage to the stranger
To property, the individual counts on the same refusal from
Others in relation to its property. But very many
Restrictions do not carry such "exchange" character (i.e. not
Are as a matter of fact self-restrictions). They are based not
That the given way of action can cause a damage
To interests of other person, and that it contradicts interests
Societies as a whole. It does at once concept borders
"Abstention from harmful use" unsteady and
The mobile. The general conclusion will be consist that the rights
Develop in the certain system, separate subsystems
Which can enter among themselves the conflict and that is not present
Any universal criteria defining, what from
The clashing rights should be subjected restriction.
Thus, contemplating a problem of restriction of the rights,
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