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COMMENTS power, are an outstanding illustration of this process. Thus, in a degree, prop erty has been equated with power, symbolizing the increasingly mythical fic tion of control, exclusive, unlimited, and inviolable. But England has shown that this idea is not necessary to preserve civil liberty. VERA BOLGAR* regime. It is sacred and inviolable, and persons guilty of offenses against it shall be regarded as enemies of the people." cited in V. Gsovski, 1 Soviet Civil Law (1948) 562. In addition to codified provisions, two samples from treatises: Vinding Kruse, The Right of Property (1939) 404, 424: "Possession is the external visible relation of power between a person and an external object at any given moment;. . . Th e external relation, possession, is easier for human thought to understand than the other relation, [legal] attribution.... We have seen that ideas of primitive law, to which mankind stubbornly clings in the field of property law more than in any other field, still obscure a free view." Karl Renner, The Institutions of Private Law and their Social Functions, London, 1949, at 107: "We see that the right of ownership thus assumes a new social function. . . a de facto
American Journal of Comparative Law – Oxford University Press
Published: Apr 1, 1953
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