History of state and law of foreign countries. Development of institutions of bourgeois civil law. Ownership (most important)

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

History of state and law of foreign countries. Development of institutions of bourgeois civil law. Ownership (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

Comments on the article

Table of contents (expand)

Development of institutions of bourgeois civil law. Ownership

In accordance with the Napoleonic Code, property is the right to use and dispose of things in the most absolute way, so that the use is not that which is prohibited by law and regulations.

The Napoleonic Code does not define the concept of "private property", but only of "property" in general.

The Napoleonic Code divides the totality of things into two parts: movable things and immovable things. The undoubted predominance is given to the latter and first of all to landed property. The owner of the land was given - and, moreover, by sober calculation - both what was under the soil (at any depth) and what extended above it - air space. All this had a certain meaning. Ownership of the airspace served as the basis for planting trees and erecting structures on the site. The right of ownership to the bowels of the earth, to minerals does not need comments.

As an exception to the general rule, the Code allowed the seller of real estate to terminate the contract of sale if it turned out that he had suffered damage as a result of more than 7/12 of the actual value of the thing. It does not matter much, said Napoleon, how this or that person disposes of a few diamonds or paintings, but the fate of territorial property cannot be indifferent to society. At the same time, a buyer who made a purchase at an excessively high price did not receive the right to terminate the contract.

The restrictions on property rights established by the Code concerned such actions of the owner that affected the interests of others. It was forbidden, for example, to erect structures that could cause damage to a neighbor. A dam may be included among such structures if, due to its construction, a mill has stopped in the underlying area.

В 1810 BC a law is issued according to which the earth's interior could be developed only with the special permission of the government (concession). The owner of the land plot turned out to be deprived of the rights to what is "located below" (although he received compensation). This was done to the undoubted benefit of capitalist enterprises, who did not want to endure the speculative inflation of land prices as soon as coal or metals were found in it.

To the advantage of that part of the capitalists whose property is mainly in movables (shares, commodities), the Napoleonic Code established the following, which has become a classic, rule: the conscientious owner of a thing is considered its owner if the possession is public and unambiguous.

By granting preferential protection to landed property, Napoleon strengthened and regulated the conditions under which the peasants could use the land they had inherited as a result of the revolution. The peasants, on the other hand, gave him their sons and, despite all the disappointments, transferred their devotion to the emperor to his insignificant nephew.

As far as the German Civil Code is concerned, the legislator is required to allow the retention of fiefs and the hereditary lease associated with them. He retained a special order of inheritance of real estate belonging to the imperial nobility.

But on the other hand, in many other respects, the GGU expresses the interests of large capitalist enterprises to a greater extent than the earlier Napoleonic Code. From the very beginning it is established that the landowner cannot prevent such penetration into his plot - from above or below - which does not affect the interests of agriculture. He is obliged to endure, without demanding payment, the penetration of gas, smoke and steam, shaking of the soil, etc., which is associated with the work of an industrial enterprise.

Author: Selyanin A.V.

<< Back: The Development of Bourgeois Civil Law: The Swiss Civil Code

>> Forward: Development of institutions of bourgeois civil law. Legal persons. Joint stock companies

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Crisis management. Lecture notes

▪ Insurance law. Crib

▪ Economics and sociology of labor. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

ASUS X99-WS/IPMI motherboard with remote control system 07.10.2015

Expressions such as "remote control" when applied to motherboards can cause ordinary users to misunderstand and even resent a hypothetical attack on privacy, but in large companies where hundreds and thousands of servers and workstations work simultaneously, the life of system administrators without appropriate technologies was would be a real hell. ASUS has announced a new X99-WS/IPMI workstation board equipped with the ASMB8-iKVM remote management module.

ASMB8 allows you to not only monitor the system status and manage its power, but also get full access to the image displayed on the monitor, including the BIOS settings interface or Windows Blue Screen of Death. Despite the fact that ASUS X99-WS/IPMI is not positioned as a gaming or overclocking board, it has a proprietary version of the LGA 2011-3 connector with an increased number of pins, the so-called ASUS OC Socket. All processors with this interface are supported, including the Intel Xeon E5-1600 v3 and Xeon E5-2600 v3.

Today, the processor imposes restrictions on the use of memory, so support for registered DDR4 modules with ECC is declared only for Xeon processors. In other cases, conventional, unbuffered DDR4 memory without error correction is supported, with a maximum capacity of up to 128 GB. The frequency of modules in overclocked mode can reach 3200 MHz. The configuration of peripheral devices also depends on the processor: in models with 40 lanes of PCIe 3.0, all five full-size slots can work in an x8 configuration, with 28 lanes there are a number of restrictions on the configuration and number of active PCIe slots.

You can connect up to 8 drives with SATA 3.0 interface, one with SATA Express interface, or use the M.2 connector that shares bandwidth with SATA Express. The network subsystem is represented by a pair of Intel i210-AT controllers, an additional LAN port is used for remote control.

The control system itself is based on a combination of the well-known ASPEED AST2400 chip and the proprietary IPMI 2.0 ASMB8-iKVM key. The sound part is not forgotten either: it is implemented on the Realtek ALC1150 controller, complemented by high-quality operational amplifiers. Claimed signal-to-noise ratio of 109 dB. The board has a standard ATX form factor, but the mounting holes follow the EEB standard.

Other interesting news:

▪ Honda S-Dream rocket car sets speed record

▪ Xiaomi car running on HyperOS

▪ Ultra-budget smartphone Infinix Smart 7 HD

▪ Lamp on bioluminescent bacteria

▪ MAX30102 - pulse and blood oxygen sensor

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ Modeling section of the site. Selection of articles

▪ article Drilling rig. History of invention and production

▪ article Which countries were originally called the third world? Detailed answer

▪ Akka Sellova article. Legends, cultivation, methods of application

▪ article Synchronization of the second flash. Encyclopedia of radio electronics and electrical engineering

▪ article Grounding and electrical safety protective measures. Portable electrical receivers. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews