Автор: Пользователь скрыл имя, 24 Февраля 2013 в 09:54, лекция
According to P.Khane property is not just relation to the thing, it is a relation between people about thing. The property as economic term means production relations between people in possession of the production results and the production assets. Property is usually thought of as being defined and protected by the local sovereignty. Ownership, however, does not necessarily equate with sovereignty.
Topic 3 Economic institutions: property and entrepreneurship
Subtopic 1 Property as economic, juridical term
Subtopic 2 Types of property. Transformation of the property relations in the Republic of Kasakhstan
Subtopic 3 Enterprise as a main production unit.
1/Property is not a thing, it is a relation between people concerning the thing. It means the relations between people in the production process of material and non material goods. The economic relations (production, distribution, exchange and use) linked with property.
According to P.Khane property is not just relation to the thing, it is a relation between people about thing. The property as economic term means production relations between people in possession of the production results and the production assets. Property is usually thought of as being defined and protected by the local sovereignty. Ownership, however, does not necessarily equate with sovereignty. If ownership gave supreme authority, it would be sovereignty, not ownership. Some philosophers] assert that property rights arise from social convention, while others find justifications for them in morality or natural law. Various scholarly disciplines (such as law, economics, anthropology or sociology) may treat the concept more systematically, but definitions vary within and between fields. Scholars in the social sciences frequently conceive of property as a bundle of rights. They stress that property is not a relationship between people and things, but a relationship between people with regard to things.
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation. Depending on the nature of the property, an owner of property has the right to consume, sell, rent, mortgage, transfer, exchange or destroy it, or to exclude others from doing these things.
The property has two elements: subject and object(target).
The property subject is a person, corporation, local and government organs. (Who is user?)
The property object is a real estate(earth, water, forest resources, buildings and etc),moveable/ движимое имущество(money, securities/ценные бумаги and other needed properties). Also there is scientific work results, cultural wealth such as work of art, masterpiece, trade label and others.
The property answers to main questions of social-economic relations. They are:
Taking into consideration answers to these questions the property consists of the following elements: possession of the production factors and their results, use of material and other things to produce goods, realize the property from the economic point of view. All these relations identify a way of conducting business, distribution of income, satisfaction of social-economic needs and all of them describe the economic meaning of property.
All economic relations between people based on property are regulated from the government side through juridical tools. They are normative acts, laws, documents and etc. According to the identified documents the resources are divided and the results of the production appropriated (владеть). In this case the property consider as a juridical term.
2/ Types of property
The property from economic point of view is divided into following stages: the lowest stage is conducting a business alone and the highest stage is cooperation. According to these stages there are three types of the property such as individual, shared, common. Also the following types of property are possible: Most legal systems distinguish different types (immovable property, estate in land, real estate, real property) of property, especially between land and all other forms of property—goods and chattels, movable property or personal property. They often distinguish tangible and intangible property. One categorization scheme specifies three species of property: land, improvements (immovable man-made things), and personal property (movable man-made things). In common law, real property (immovable property) is the combination of interests in land and improvements there to, and personal property is interest in movable property. Real property rights are rights relating to the land. These rights include ownership and usage. Owners can grant rights to persons and entities in the form of leases, licenses and easements. Later, with the development of more complex theories of property, personal property was divided into tangible property (such as cars and clothing) and intangible property (such as financial instruments, including stocks and bonds, and intellectual property, including patents, copyrights, and trademarks).
In case of the individual property- owner takes all the results of the production or any other activities. There are two types of individual property such as
The shared property means using owner’s all production factors together to achieve planed aims.
There are several types of shared property. They are partnership, joint-stock company, joint venture (совместное предприятие), production co-operation.
Partnership is a commercial unit, which aim is to get a profit. The establishment fund of the partnership is formulated from the capital of each participant.
Joint-stock company is a commercial company, where its establishment fund is divided into shares. Only joint-stock company has right to issue shares.
Joint venture is an enterprise where national and foreign businessmen combine their capital to produce goods and services.
Production co-operation is an independent cooperation of its members. They combine their share fees to conduct a business.
In case of common type of the property all members of the society use the results of the activity. General property is divided into government property, municipal, family.
The government property is an object, which is used to provide social stability and national security in the society. They are military, health, education, agricultural spheres and others.
Municipal property is a property rights of local management. The objects of municipal properties are water supply system, canalization, gas supply system, electricity supply system, transportation and others.
Important widely recognized types of property include real property (the combination of land and any improvements to or on the land), personal property (physical possessions belonging to a person), private property (property owned by legal persons or business entities), public property (state owned or publicly owned and available possessions) and intellectual property (exclusive rights over artistic creations, inventions, etc.), although the latter is not always as widely recognized or enforced. A title, or a right of ownership, establishes the relation between the property and other persons, assuring the owner the right to dispose of the property as the owner sees fit.
General characteristics
Modern property rights are based on conceptions of owners and possession as belonging to legal persons, even if the legal person is not a natural person. In most countries, corporations, for example, have legal rights similar to those of citizens. Therefore, the corporation is a juristic person or artificial legal entity, under a concept that some refer to as "corporate personhood".
Property rights are protected in the current laws of most states, usually in their constitution or in a bill of rights. Protection is also prescribed in the United Nations' Universal Declaration of Human Rights, Article 17, and in the European Convention on Human Rights (ECHR), Protocol 1.
Traditional principles of property rights include:
Traditional property rights do not include:
Not every person or entity with an interest in a given piece of property may be able to exercise all possible property rights. For example, as a lessee of a particular piece of property, you may not sell the property, because a tenant is only in possession and does not have title to transfer. Similarly, while you are a lessee, the owner cannot use their right to exclude to keep you from the property, or, if they do, you may be entitled to stop paying rent or sue for access.
Further, property may be held in a number of forms, such as through joint ownership, community property, or lease. These different types of ownership may complicate an owner's ability to exercise property rights unilaterally. For example, if two people own a single piece of land as joint tenants then, depending on the law in the jurisdiction, each may have limited recourse for the actions of the other. For example, one of the owners might sell their interest in the property to a stranger whom the other owner does not particularly like. Be it as it may, property rights need to be fixed and need to portray the relationships among other parties in order to be effective.
Legal systems have evolved to cover transactions and disputes that arise over the possession, use, transfer, and disposal of property, most particularly involving contracts. Positive law defines such rights, and the judiciary is used to adjudicate and to enforce property rights.
According to Adam Smith, the expectation of profit from "improving one's stock of capital" rests on private property rights. It is an assumption central to capitalism that property rights encourage their holders to develop the property, generate wealth, and efficiently allocate resources based on the operation of markets. From this has evolved the modern conception of property as a right enforced by positive law, in the expectation that this will produce more wealth and better standards of living. However, Smith also expressed a very critical view on the effects of property laws on inequality:
"Wherever there is great property, there is great inequality … Civil government, so far as it is instituted for the security of property, is in reality instituted for the defence of the rich against the poor, or of those who have some property against those who have none at all." (Adam Smith, Wealth of Nations)
In his text The Common Law, Oliver Wendell Holmes describes property as having two fundamental aspects. The first is possession, which can be defined as control over a resource based on the practical inability of another to contradict the ends of the possessor. The second is title, which is the expectation that others will recognize rights to control resource, even when it is not in possession. He elaborates the differences between these two concepts, and proposes a history of how they came to be attached to persons, as opposed to families or entities such as the church.
"Every man has a property in his own person. This nobody has a right to, but himself." (John Locke, Second Treatise on Civil Government)
"The reason why men enter into society is the preservation of their property." (John Locke, Second Treatise on Civil Government)
"Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place." (Frédéric Bastiat, The Law)
Both communism and some kinds of socialism have also upheld the notion that private ownership of capital is inherently illegitimate. This argument centers mainly on the idea that private ownership of capital always benefits one class over another, giving rise to domination through the use of this privately owned capital. Communists are not opposed to personal property that is "hard-won, self-acquired, self-earned" (Communist Manifesto) by members of the proletariat. Both socialism and communism are careful to make the distinction between private ownership of capital (land, factories, resources, etc...) and private property (homes, material objects, and so forth).
What can be property?
The two major justifications given for original property, or homesteading, are effort and scarcity. John Locke emphasized effort, "mixing your labor" with an object, or clearing and cultivating virgin land. Benjamin Tucker preferred to look at the telos of property, i.e. What is the purpose of property? His answer: to solve the scarcity problem. Only when items are relatively scarce with respect to people's desires do they become property. For example, hunter-gatherers did not consider land to be property, since there was no shortage of land. Agrarian societies later made arable land property, as it was scarce. For something to be economically scarce, it must necessarily have the exclusivity property - that use by one person excludes others from using it. These two justifications lead to different conclusions on what can be property. Intellectual property - non-corporeal things like ideas, plans, orderings and arrangements (musical compositions, novels, computer programs) - are generally considered valid property to those who support an effort justification, but invalid to those who support a scarcity justification, since they don't have the exclusivity property (however they may still support other 'intellectual property'-laws such as Copyright, as long as these are a subject of contract instead of government arbitration). Thus even ardent propertarians may disagree about IP. By either standard, one's body is one's property.
From some anarchist points of view, the validity of property depends on whether the "property right" requires enforcement by the state. Different forms of "property" require different amounts of enforcement: intellectual property requires a great deal of state intervention to enforce, ownership of distant physical property requires quite a lot, ownership of carried objects requires very little, while ownership of one's own body requires absolutely no state intervention.
Many things have existed that did not have an owner, sometimes called the commons. The term "commons," however, is also often used to mean something quite different: "general collective ownership" - i.e. common ownership. Also, the same term is sometimes used by statists to mean government-owned property that the general public is allowed to access (public property). Law in all societies has tended to develop towards reducing the number of things not having clear owners. Supporters of property rights argue that this enables better protection of scarce resources, due to the tragedy of the commons, while critics argue that it leads to the 'exploitation' of those resources for personal gain and that it hinders taking advantage of potential network effects. These arguments have differing validity for different types of "property"—things that are not scarce are, for instance, not subject to the tragedy of the commons. Some apparent critics advocate general collective ownership rather than ownerlessness.
Who can be an owner?
Ownership laws may vary widely among countries depending on the nature of the property of interest (e.g. firearms, real property, personal property, animals). Persons can own property directly. In most societies legal entities, such as corporations, trusts and nations (or governments) own property.
In many countries women have limited access to property following restrictive inheritance and family laws, under which only men have actual or formal rights to own property.
In the Inca empire, the dead emperors, who were considered gods, still controlled property after death.
Theories of property
There exist many theories of property. One is the relatively rare first possession theory of property, where ownership of something is seen as justified simply by someone seizing something before someone else does.Perhaps one of the most popular, is the natural rights definition of property rights as advanced by John Locke. Locke advanced the theory that when one mixes one’s labor with nature, one gains a relationship with that part of nature with which the labor is mixed, subject to the limitation that there should be "enough, and as good, left in common for others."
From the RERUM NOVARUM, Pope Leo XIII wrote "It is surely undeniable that, when a man engages in remunerative labor, the impelling reason and motive of his work is to obtain property, and thereafter to hold it as his very own."
Anthropology studies the diverse systems of ownership, rights of use and transfer, and possession[ under the term "theories of property." Western legal theory is based, as mentioned, on the owner of property being a legal person. However, not all property systems are founded on this basis.
In every culture studied ownership and possession are the subject of custom and regulation, and "law" where the term can meaningfully be applied. Many tribal cultures balance individual ownership with the laws of collective groups: tribes, families, associations and nations.
There was government property on all production factors in Kasakhstan till 1991. It was not the efficient way of conducting the economy, that’s why the government decided to have several types of property. There was accepted the law “Denationalisation of the government property and privatisation” in June, 1991. According to it the process of denationalization began.
Denationalisation means transfer of government property management to the individual owners.
Privatisation is a process, when the government gives its property to the individuals or corporations(юридическое лицо) in paid way or free of charge.
The aim of the privatization were:
There were four stages in the privatization and denationalization processes in the RK. The first stage was in 1991-1992. There were done conditions and programmes of the implementation of the process.
The second period of the privatization was in 1993-1995. There was realized the National programme of the privatization and denationalization. According to this programme the number of private enterprises were increased, joint-stock companies were appeared. The aim of this period was to develop small, medium business in Kasakhstan.
The third period of the process was in 1996-1998. There was accepted a new programme of privatization. According to the new programme the rest of government enterprises were sold. The last period of the process was held in 1999-2000. There were improved normative acts are regulating the privatization process in our country.
The result of privation process in Kasakhstan were 34,5 thousand government enterprises were sold between 1991 -2000 years. Among them 6,2 thousand enterprises were sold by Russian rouble and 28 thousand were sold by tenge. Total amount of sum from privatization processes were 215,4 billion tenge.
The term an entrepreneurship was introduced by English economist R.Cantilion at the beginning of VIII century. He described the entrepreneur as a person who wants to organize production to get profit based on risk.
Later in 1876, A. Smith wrote in his work “Researches on the nature and reasons of people wealth” that the entrepreneur is an owner who wants to get profit and realize his commercial ideas. J. Say was a famous economist said that the entrepreneur is an agent who combine production factors in order to provide effective business. According to J.Say the income of the entrepreneur is a benefit comes from the orgaisation of the production process and sale of goods.
I. Shumpeter described the entrepreneur is an innovative person who opens the new ways of production, selling of goods and services.
The entrepreneurship is a type of activity where individuals and corporations in despite of property forms satisfy the needs of the buyers in order to get a profit.
The entrepreneurship performs the following functions: