Social function of property in Russia and foreign countries

Текст статьи на русском языке

https://doi.org/10.31429/20785836-12-4-24-29

Migacheva A.Yu.
Candidate of Law, Associate professor
Assistant professor of the Department of Civil Law
Kuban state University
https://orcid.org/0000-0003-0760-9137

Annotation: The article raises the problem of the need to take into account the goals of achieving social well-being in the process of reforming the legislation on property rights. Currently, the provisions of the Civil code of the Russian Federation on property rights and other property rights can not be called socially oriented. At the same time, the socialization of civil legislation meets the set strategic objectives. On the example of foreign legislation, the influence of the philosophical theory of the social function of property, developed in the early XX century by the French scientist L. Dugi, on the formation of civil legislation and the construction of a social society. It is concluded that in order to achieve the effectiveness of the real-law response and implement the national development goals of Russia, the idea of the social function of property and the entire real-law regulation must be embodied both in General norms on real rights and implemented through separate real-law institutions.

Keywords: property law, property law, social function of property, reform of property law.