Objects of Private Property in the Civil Code of the Russian Federation and in the Civil Code of Quebec

In: Review of Central and East European Law
Author: David Lametti
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Abstract

Property norms, in expressing a relationship among people through resources, must address in some manner the organization of property rights and the classification of objects of property. Both the Civil Code of the Russian Federation and the Civil Code of Quebec express some notion of the idea of what the author has called property-as-object, taking the form of certain distinctions: movable/immovable, corporeal/incorporeal, capital/revenue, or in commerce/out of commerce.The Russian code contains a rich discussion of the objects of property, with a larger, more explicit formal role for objects in the understanding of property rights as compared to the Quebec code. The articles on objects in general manifest the traditional civilist distinctions, while set in the context of present Russian society.Moreover, notwithstanding some initial lack of clarity in the Russian code's classifi cation between the objects of property and the subject-matter of other patrimonial rights, the objects of property are clearly distinguishable as a category and are important to understanding property relations. Despite the focus in the Russian code on "things" as the objects of property as opposed to "rights in things", it is nevertheless the case that the latter are an important part of the property relationship, and cannot be disentangled from "things".

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