Property is a subject-object, subject-subject relationship. It arises in connection with the process of appropriation or alienation of resources, things, any goods.
Usually distinguish the economic and legal content of the property. The latter concept is reflected in the legal industry. For the first time, legal content was formulated in Roman law. Since the beginning of the XI X century, this norm has formed the basis of the Civil Code of France (Code of Napoleon). It is considered the methodological basis for all civil legislation of our time.
Over time, the legal rules governing civil relations have undergone various changes. In particular, they were specified, detailed. As a result, several features characterizing the legal content of such a phenomenon as property are highlighted. These signs include the rights to:
- Possession.
- Use.
- Control.
- Revenue generation.
- The capital value of the good (things).
- Security.
- Perpetuity.
- Prohibition of harmful use.
- Responsibility in the form of recovery.
- Residual character, i.e. obligation to return powers upon expiration of the term.
- Testament and inheritance.
It should be noted that the legal essence does not reflect the economic content of the property. The latter expresses the actual business processes and relationships, developing and existing at the same time in accordance with their own laws.
The legal content of property provides for a restriction in the circle of subjects of law. So, owners can only be legal entities or citizens. In other words, persons with the ability to possess rights and assume legal obligations may act as subjects.
Economic content provides for a wider range of owners. So, as subjects (along with subjects of law) can also be participants in other relations of a public nature (political, social).
The economic content of ownership is understood through consideration of subjective-subjective relations. These relations are formed in connection with the production process, during the redistribution (distribution), consumption, exchange of economic resources in society. The economic content of the property provides for the appropriation or alienation. However, in contrast to the legal nature of the relations under consideration, in this case, all actors participate without exception.
It should be noted that the legal and economic content of property is far from its only components. It also includes components of a political, environmental, historical, psychological, social, spiritual and other nature.
For example, Lake Baikal, as well as its resources from the point of view of law, are the property of the Russian Federation as a whole, as well as state entities adjacent to it in particular. All these entities can use the lake’s water resources to a reasonable extent to organize all kinds of economic activities. Considering, however, the uniqueness of Lake Baikal as a large freshwater basin of the world, the economic activity of the subjects has certain limitations. In an ecological sense, the lake is a planetary asset. At the same time, Russia's rights to it are not in doubt (when including the resources of Lake Baikal in a reasonable economic activity).
The environmental subjects are the inhabitants of the planet as a whole, continents, states, and certain territories. The historical essence of ownership is the formation of relations between different generations, divided by time. Moreover, these relations operate in the same space within a certain economic community.