Commercial activity. Legal and economic aspects of property (lecture notes)

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Commercial activity. Legal and economic aspects of property (lecture notes)

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28. Legal and economic aspects of ownership

Forms of business organization These are the ways entrepreneurs organize their business, the ways they interact with each other.

Forms of business organization are subject to legal formalization and are called organizational and legal.

Forms of business organization depend on the form of ownership.

Property - this is a certain form of appropriation of material values, services and means of production. The property has legal and economic aspects.

The legal aspect is expressed in property relations, which are determined by the Constitution of the Russian Federation and other laws. Property relations include: the right of possession, the right of disposal and the right of use.

The right of ownership is an entry into the rights of inheritance, purchase, donation of property. The entry into the right of possession must be supported by documents: a will, a bill of sale, a deed of gift.

The right of disposal means the disposal of property at the discretion of its owner. The owner has the right to sell, lease or use the property himself. If the property is to be sold, the right of disposal is exercised by the owner once. The buyer becomes the full owner. When transferring property for rent, the ownership passes to its temporary owner.

The right of use gives the owner of the property the opportunity to use it at their own discretion, depending on the purpose. In the case of transfer of property for rent, the terms of the lease and the rent are negotiated. Money capital can be used as investment resources (investment in production), as financial transactions in the stock markets.

The economic aspect of ownership consists of three types of economic relations: appropriation, economic implementation and economic use of material values.

Assignment is an economic form of relations, which consists in the use of the right to own property. Simultaneously with appropriation, the process of alienation takes place.

The objects of alienation are land, capital, natural resources, means of production. The documentary basis for confirming the alienation may be a contract for the purchase of products or an employment contract in the case of using the labor of employees. As a result of the assignment, a legal entity, called the owner, appears.

Economic realization is the ability to make a profit when using property. In this case, the property is a source of income. The amount of income depends on how the property is used. This may be the use of capital for the production and further sale of goods, resulting in income. In the case of leasing property, the owner receives rent, and in the case of capital investment in financial transactions, the owner receives interest income. The sale of property is a one-time sale. In this case, the income is the selling price of the property.

Authors: Egorova E.N., Loginova E.Yu.

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