Dobro wspólne w refleksji św. Tomasza z Akwinu a społeczne związanie własności prywatnej w art. 14 ust. 2 niemieckiej ustawy zasadniczej
The Thomas Acquinas’s idea of common good in relation with private property’s social obligation in the art. 14 p. 2 of German basic law

Summary/Abstract: The authors of the article attempt to analyse the issue of parallels between the Thomas Acquinas idea of common good and the concept of Sozialbindung – notion of private ownership’s responsibility on the basis of German constitution. Main scientific benchmarks are the idea of common good and the concept of human being that are present both in the Acquinas thought and German basic law axiology. In order to fulfill the scientific task as defined above, the article starts with indication of the Acquinas thought importance and its impact on the defining the European social thought. Regarding the intellectual sources of Sozialbindung’s concept the authors used the views of Rudolf Jhering, indicating his high opinion of Acquinas thought as well. The next part of the article contains the analysis of Sozialbindung’s legal aspect on the grounds of art. 14 p. 2 of German basic law. It discusses its connections with the idea of social state and the idea of human being, both emerging from German constitution. The authors indicate the importance of individual’s social existence, which determines its duties towards community. Referring to the German legal thought and Federal Constitutional Tribunal case law the article proves that German basic law does not provide for a notion of limitless private property. Its definition contains immanent limitations regarding its duty to „serve both common good”. Finally, the article proves that Acquinas idea of common good, based on human’s social nature is adopted by the concept of private property limitations in the German constitution. This fact proves its everlasting character, specific for European social thought.

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