Omelchenko, A.S., Momotov, V.V. On the issue of new tendencies in resolution of disputes on the rights to property by the courts of the Western Europe and the USA in the late XX century.

Abstract: The period of time, which is the subject to this study includes into itself two opposite tendencies. One of these tendencies, embodied in Art. 544 of the Civil Code of France of 1804, is that “Property is a right to use and dispose of things in a most absolute way”. In other words, this tendency presupposes that any owner can satisfy any interest, flowing from his ownership of a thing. The nature of the second tendency can be shown on an example of Art. 153 of the Constitution of the German Empire of August 11, 1919. “The ownership implies obligations. Use of property should at the same time serve the common good”. Thus, the owner has to facilitate the common good. How was the compromise found between these two tendencies?