ПИТАЊЕ СВОЈИНЕ: ОД СВОЈИНE ИНДИВИДУАЛНОГ ПРАВА КА СВОЈИНИ KAO СОЦИЈАЛНОЈ ФУНКЦИЈИ
FROM OWNERSHIP AS AN INDIVIDUAL RIGHT TO OWNERSHIP AS A SOCIAL FUNCTION
Author(s): Mihailo KonstantinovićSubject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Београду
Summary/Abstract: The concept of ownership as a „social function” appeared in an unusual time, during the war and after the war; at that time the ruling social forces were shaken to such an extent that they ware endangered in some places and destroyed in other places. The agents of „individual” ownership have conceded to sacrifice not only their property but also their rights to ownership of that property. The result was an illusion that the new concept of ownership has prevailed over the old. However, with the normalization of social conditions, owners begun to safeguard their privileged positions and proclaim them as their inalienable rights. The concept of ownership as a „social function” began to fade 'and threatened to turn into a transient memory. Even so, an improvement had been made. The evolution of concepts had already been observed. Its tracks may be faded, but will never again be completely obliterated. Individual forces have not been definitely defeated, but they have indisputably been shaken. Social forces are growing and the consciousness of their own power is gaining ground. That is ample guarantee that the mentioned evolution will go on: the concept of ownership as an „individual right” cannot in the foreseeable future regain its previous power while the concept of ownership as a „social function” will constantly be strengthening its position.
Journal: Анали Правног факултета у Београду
- Issue Year: 30/1982
- Issue No: 3-4
- Page Range: 282-293
- Page Count: 12
- Language: Serbian