In economics remains controversial question of the relationship between economic and legal aspects of property relations. Speaking of the two aspects of property relations, it should be noted that earlier in domestic economic literature more surfactants and unambiguously interpreted the nature of their relationship.
The interaction of legal and economic sides of property relations was largely limited to the consideration of the degree of adequacy of each other, and the primacy of the derivative. The legal property relations were perceived only as a "clearance" (not always adequate) the economic relations of the property, the focus was on the subordinate nature of the right to economic relations.
Indeed, the right to property caused by the economic life of the relationship. But the reduction of the whole complex system of relationships, legal and economic relations of the property only to such a line of communication leads to some weakening of attention to the quality of the legal forms of ownership and its impact on the level of the property as a system of economic relations. More preferred is a point of view according to which the legal, economic and property relations have some degree of independent movement, while at the same time in close relationship and mutual influence.
If we consider the evolution of the development of law and its interaction with the economic relations of property, then it must be noted that the right to follow the changes in the socio-economic development of society in general and on the ownership of the means of production in particular. This conclusion follows from the analysis of the two main areas of jurisprudence property: continental and Anglo-Saxon.
Civil law of property, the basis of which is considered a classic Napoleonic Code, declares private property not only "sacred and inviolable", but also "one and indivisible." Dispersal of ownership of the same objects among several individuals recognized feudal remnants and destruction of private property. In the early stages of the development of capitalism civil law was directed against the feudal law and feudal property relations and meet, so the interests of small-scale production.
In the civil law does not fit the formation of joint-stock forms of management, various partnerships and corporate entities. Ultimately, the civil law of property no longer meets the trends of industrial and post-industrial society. This discrepancy was overcome by the emergence and development of the Anglo-Saxon trends in the field of property rights.
The splitting ownership of the powers of a few individuals considered this direction as the normal state of the economy and solved as contributing to extract the maximum possible benefit from the property.
Thus, the leasing of land is often more profitable to its sales, leasing can bring more profit than buying equipment, trusts, trust operations are more rational in