LEGAL CHARACTER OF THE RIGHT OF DISPOSAL OF SOCIAL ARTIFICIAL PERSONS Cover Image

ПРАВНА ПРИРОДА ПРАВА РАСПОЛАГАЊА ДРУШТВЕНИХ ПРАВНИХ ЛИЦА
LEGAL CHARACTER OF THE RIGHT OF DISPOSAL OF SOCIAL ARTIFICIAL PERSONS

Author(s): Rajko Jelić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Београду

Summary/Abstract: The right, of disposal is a subjective property-law right of social artificial persons which is related to socially-owned means. The right of disposal is a property-law right pertaining to objects, namely to socially-owned means, and it consists of two basic powers: the power of use and the power of legal disposal. This is a direct and widest legal authority over specific objects (things — in Yugoslav terminology}, and, in order to ensure that legal authority, all third persons have to behave correspondingly, meaning have to refrain from action. Powers contained in the right of disposal are of the same character as the corresponding powers within traditional right of ownership. However, the right of disposal and the right of ownership are not identical rights. The latter right is of a considerably wider scope in terms of powers. This is so in two ways. Firstly, the power of use and the power of legal disposal are, as a rule, much wider in scope and, secondly, the right of. ownership contains some powers the right of disposal does not contain (the possibility of actual disposal over the object). Social and class essence of the right of disposal emanates out of the socio-economic position of the worker in the sphere of associated labour, which is expressed within the complex of self-management rights.

  • Issue Year: 36/1988
  • Issue No: 5
  • Page Range: 554-564
  • Page Count: 11
  • Language: Serbian