THE PROPERTY RIGHTS OF PARTICIPANTS OF ECONOMIC SOCIETIES IN THE HISTORICAL AND DOCTRINAL ASPECTS
Journal Title: Вісник Запорізького національного університету. Юридичні науки - Year 2018, Vol 3, Issue
Abstract
The relevance of the topic of the article is due to the incompleteness of the current legislation of the Republic of Belarus on the legal regulation of property rights of participants of economic societies, which, in our opinion, is a consequence of the lack of comprehensive studies of this problem in the domestic legal literature. The purpose of the study is to study the Genesis and development of property relations of participants of economic societies in the Republic of Belarus, to identify their legal nature. To achieve this goal, the author studied the evolution of common property rights, the main stages of transformation of the content of common property rights in relation to the property of commercial organizations. In accordance with the tasks the author used the historical-legal and logical method. \The author identifies five historical stages of development of the Institute of common property of participants of economic societies, characterized by typical features. In the study of the first historical stage (before XI century) the author analyzed the basic postulates of Roman private law. Characteristic features of the described historical period can be called: the introduction of the concept of things, the development of the concept of “property”, “private property”, “property as property, public relations”, the increase in economic turnover, the formation of organizations in the form of partnerships, laid the beginning of the modern understanding of the concept of “right to part (share) in the authorized capital”. The second historical stage (XI–XVIII centuries) is characterized by the formation of the Legal system of the Grand Duchy of Lithuania as a prototype of the Belarusian statehood, taking into account the influence of the advanced achievements of European law, which were based on the rules of Roman private law. Up to XV–XVI centuries, the Grand Duchy of Lithuania remained the customary law, but, as may public authorities, the transition from generally accepted norms of customary law to the norms of the written law. The characteristic features of the stage are: the development of the concept of “legal entity”, the lack of a single definition of the concept of “property”, “the right of common ownership of the property of a legal entity”. The study of the third historical stage (the beginning of the XIX century to 1917) showed that at the beginning of the XIX century the right of ownership was determined in the legislative acts operating on the territory of Belarus, on the model of Roman sources – as the most complete domination of a person over a thing. In Belarus, which was part of the Russian Empire during this period, commercial organizations (artels, partnerships, joint-stock companies, etc.) were already formed, which are privately owned. Issues relating to property relations arising in such legal entities are reflected in such legal acts as the “Code of laws of the Russian Empire”, “Code of local laws of provinces and regions annexed from Poland”. Over time, the possibility of creating joint-stock partnerships was legislated by the Royal Manifesto on the privileges of merchants (1807), the Regulations on joint-stock companies (1836), included in the code of laws of the Russian Empire and became the main legislative act in force until 1917. However, there remained unresolved issues related to the property relations of the founders of commercial organizations, namely the relationship that develops about the separate property of these organizations, which theoretically can be both real (based on real rights) and binding (based on the rights of obligations). The fourth historical stage, which the author proposes to call the period of social and collective property (1917–1990), is characterized by the following features: legal entities have civil legal capacity and legal capacity, are endowed with all the features inherent in their modern understanding (organizational unity, separate property, independent responsibility). The main title, which had the state self-financing enterprise to separate them, the property was the right of economic management, which formally belonged to the category of real rights, but in fact it was right as proprietary, and binding characteristics. Private ownership of the property of enterprises was not allowed, and, therefore, there was no question of the emergence of the right of common ownership of two or more persons to the property of the state enterprise. Speaking about the last historical stage (from 1990 to the present), the author characterizes it as a stage of return of the institution of private property, increase of investment activity of individuals and legal entities. Summarizing the above, the author comes to the conclusion that the reception of the Roman private law, which later found their reflection in some acts of the Belarusian legislation, as well as the theory developed in the XIX – early XX centuries by civil scientists about the subjectivity of legal entities, about the property relations of participants in economic societies, are not only of historical interest, but also have scientific and cognitive value.
Authors and Affiliations
Н. А. Нагорная
Keywords
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