About the concepts of „essence“ and „content“ of the property right

• Autores: Pavel Sarafov
• Localización: Ius romanum, ISSN-e 2367-7007, Nº. 1, 2024, págs. 449-462
• Idioma: varios idiomas
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• Resumen

  • 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.