О ИМОВИНИ И ИМОВИНСКОПРАВНИМ ЦЕЛИНАМА У ГРАЂАНСКОМ ПРАВУ
PROPERTУ AND PROPERTY-LAW ENTIRETIES IN CIVIL LAW

Summary/Abstract: The author completely rejects the classic (subjective) theory of property as an assembly of rights and duties of an individual, whose characteristics consist of representing a legal entirety, of being unique (indivisible) and not apt to be transferable among other subjects, ie. inter vivos. Property, namely (the general one) is not a legal entirety, since it is not covered by any specific legal regime. Legal entireties are narrower assemblies of rights (or of rights and duties) which are subject to some particular legal regime in terms of disposal, transactions, management or the like. Within these narrower property-law entireties (so-called small properties or funds of property) there exist effective rules concerning real subrogation, while, on the contrary, the characteristic of the general property is the state of fluctuation (ie. changeability of the component parts). Such state of fluctuation is wider than the real subrogation - since the general property includes all what has been acquired by work, inheritance and donation, and not only that which is a compensation for some alienated or destroyed component part.

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