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Is the Common Property of a Peasant Farming Corporate Property of a Collective Person?
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Is the Common Property of a Peasant Farming Corporate Property of a Collective Person?
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/S160565900029600-4
Publication type
Article
Status
Published
Authors
Vasily A. Laptev 
ORCID: 0000-0002-6495-1599
Occupation: Chief Researcher, Department of Civil and Entrepreneurial Law, ISL RAS; Professor, Department of Entrepreneurial and Corporate Law, MSAL; Judge, Moscow City Arbitration Court
Affiliation: Institute of State and Law, Russian Academy of Sciences
Address: Moscow, Russia
Edition
Volume 28 No. 5
Pages
75-87
Abstract

The reform of the Russian civil legislation on subjects of law has led to the normative consolidation of two forms of peasant farming: in the form of a legal entity; without the rights of a legal entity. The article examines the issues of the legal regime and the composition of the common property of a farm at the present stage. The legal characteristics of the common property are revealed. Approaches to the legal assessment of common property as a basic asset uniting members of a farm — a civil law community — into an independent form of an economic entity in the field of agriculture are proposed. The article provides an overview of the experience of legal regulation of the activities of the peasant farming in the post-Soviet space on the example of the legislation of Kazakhstan, Belarus, Uzbekistan, Tajikistan and Kyrgyzstan.

The purpose of the study is to establish the essential characteristics and features of the legal regime of the common property of farms. The objectives of the study are: to determine the forms of farms in which common property is formed; to identify certain types of common property; to analyze legislation and approaches of judicial practice on the issue under consideration; to determine the role of common property in the activities of a farm.

The work uses theoretical (analysis and synthesis, including the method of system analysis) and empirical methods of scientific cognition (observation, description). Separate scientific methods are used (formal-logical, historical-legal, comparative legal, hermeneutical and synergetic).

Research results: domestic legislation contains a special type of economic entity — a peasant farming, the forms of which have different approaches to the legal regime of its property, including common property. The work divides the categories of “property” and “common property” of a peasant farming, as well as the objects of rights included in them. The role of contractual relationships between members of the household in determining the legal regime of its property is revealed; The ways of developing legislation are proposed by securing in all forms of farming the right of common ownership of property for its members.

Keywords
farm property, common property, corporate property, composition of common property, civil law community, allocation of a share in the property, management of common property
Date of publication
17.05.2024
Number of purchasers
2
Views
76
Readers community rating
0.0 (0 votes)
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Additional sources and materials

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2. Laptev V. A. Entrepreneurial (business) law and the real sector of the economy. Moscow, 2010. (In Russ.) 
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7. Elnikova E. V. A peasant farm enterprise in the system of russian commercial corporations: unanswered questions. Khozyaystvo i pravo, 2023, no. 3, pp. 27—42. (In Russ.) 
8. Shapsugova M. D. Peasant (farm) economy as a form of individual business activity in the agriculture. Agrarnoe i zemel'noe pravo, 2019, no. 5(173), pp. 74—77. (In Russ.) 
9. Martemyanov V. S. Business law. Vol. 1. Moscow, 1994. (In Russ.) 
10. Laptev V. V. Business law: concept and subjects. M., 1997. (In Russ.) 
11. Dolinskaya V. V. Peasant (farmer) economy as a specialized organizational and legal form of agribusiness. Zakony Rossii: opyt, analiz, praktika, 2023, no. 9, pp. 13—20. (In Russ.) 
12. Ustyukova V. V. Legal status of peasant (farmer) and personal subsidiary plots in the conditions of agrarian reform. Moscow, 2000. (In Russ.) 
13. Laptev V. A. Corporate property as a juridical technique in corporal law. Zhurnal predprinimatel'skogo i korporativnogo prava, 2017, no. 2(6), pp. 62—68. (In Russ.)

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