ОТНОСНО ПОНЯТИЯТА „СЪЩНОСТ“ И „СЪДЪРЖАНИЕ“ НА ПРАВОТО НА СОБСТВЕНОСТ
ABOUT THE CONCEPTS OF „ESSENCE“ AND „CONTENT“ OF THE PROPERTY RIGHT
Author(s): Pavel SarafovSubject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Philosophy of Law, EU-Legislation, Sociology of Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: essence of property right; notion of property right; content of property right; definition of property right by its content; modification of property right; exercise of property right
Summary/Abstract: This article is devoted to a controversial interpreted theoretical problem - that of the categories "essence of the right of property" and "content of the right of property." The emergence and accentuation of their distinction in the German legal doctrine is traced, as well as how the issue of their conceptual perception in the Bulgarian civil studies stands. The conclusion is drawn that their distinction is permissible, but only in a strictly contextual aspect, when a parallel is drawn between the abstract thinking of property rights in general and the concrete situation of an individual property right located with a specific owner.
Journal: IUS ROMANUM
- Issue Year: 2024
- Issue No: 1
- Page Range: 448-462
- Page Count: 15
- Language: Bulgarian
