The institute of public property in contemporary civil law

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The paper is devoted to the institute of public property and its role in contemporary civil law. The author comes to conclussion that the notion form of property doesn't have civil legal sense, and that it is possible to mark out state (public) property right as a type of property right along with private property right. The author criticizes the attempts to construct a special institute (subinstitute) of public property right because it can lead to actual inequality of use possibilities of private property right (on base of civil law norms) and public property right (on base of public law norms) that is inadmissible and contradicts the norms of the Constitution of Russian Federation. According to the author it is necessary to mark out the pair notions model of property relations in economic sense and model of property right in legal sense. The author suggests a system of views on existing structural models of property right. In models of property relations it is suggested to choose a complecated structural subordination model of property relations and corresponding complex institute of state (public) property.

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State, subject of civil law, public property

Короткий адрес: https://sciup.org/147201918

IDR: 147201918

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