Subjective right of ownership in the civil law of the different countries of the world

Abstract

Ownership can be without exaggeration considered as one of the fundamental concepts of civil law. Legislators of different countries formulate the notion of subjective right of ownership in different ways. In the article on the basis of comparative legal analysis the generalized vision of the civil category is offered.

The substance of the ownership right is studied by the lawmakers throughout the world, who keep promoting their understanding of this civil law construction in the codified civil laws. One can hardly find two absolutely identical definitions of the subjective ownership right, each of them possesses certain specificity, slightest distinctions or its own original character. The study of the articles of the Civil Codes, suggesting their own approach to the property right, represents an enormous interest for the research.

The insight into the features of the different constructions of this right permits to formulate a unified definition, reflecting the collective knowledge of the lawmakers of the world. The article aims to have a closer look and to analyze the approaches to the understanding of the ownership right in the twenty countries of the world.

In the light of the scientific analysis the author formulates an understanding of the ownership right and defines it as a based on law and a guaranteed from yielding, full real right, offering to its owner the possibility to exercise any actions with respect to the thing, having account of the requirements of the law, of private and public interests, aiming at the economic development of the country, the assurance of its security and preservation of the historical and cultural heritage and of the environment.