On the issue of origin and content triads of ownership rights

Abstract

The article is devoted to one of the problems of civil law, which has been facing legal science for a long time, related to the content of the concept of «property rights» in the form of a «triad of the rights of the owner». The existing quantitative composition of the powers does not fully meet the needs of civil turnover, and continues to cause discussions among civil society. One of the main obstacles is the historically established tradition in Russian civil law of understanding the content of property rights as a set of three powers. This circumstance does not allow us to adequately consider the semantic content and dimension of the legal concepts of «possession» and «possession», and their derivatives (powers). Based on the historical and legal method, a more detailed analysis is presented, as well as expanded theoretical approaches to the interpretation of the concept of «triad of powers» are proposed. According to the results of the study, the author’s version of the understanding of the term «triad of the rights of the owner» is formulated in the form of a two-level structure, and the emergence of the triad itself is a process reflecting the ownership of a rural community at the beginning of the XVIII century.