Dreptul de proprietate: între individualism şi colectivism

IULIAN DOBRINESCU

Avocat - Baroul Bucuresti

ABSTRACT

According to the relevant legal literature, public property and private property are the two typical - indeed, the only - manifestations of the same subjective right. For this reason, public property rights are stereotypically defined, in a manner analogous to how we define the right to private property, as the interfusion of the three classical elements (powers) of property - usus, fructus, and abusus - which are understood to be exclusive, absolute and perpetual. Moreover, it is claimed that the private appropriation of goods does not boil down to individual property, and that the collective appropriation of goods is mediated by the State, which is the legal expression of the community’s collective will. These ideas are not free from criticism. The three powers of property coalesce to define an act of exclusion, and one which necessarily presupposes an individualistic slant to...