ABSTRACT

Ownership in fact may be regulated not only by the law of ownership, but also by other legal institutions. Harold H. Berman, a renowned American professor of Soviet law, has assessed the dualist analysis negatively in connection with analysis of state ownership in the USSR. The Soviet Constitution provides that state ownership is one of the forms of socialist ownership. Ownership should be correctly mirrored by law of ownership. Legal ownership as a combination of possession, use, and disposition is neutral toward the economic differentiation of property rights. The analysis of ownership and law of ownership in the USSR has produced several general conclusions. The objects of state ownership are listed by the rules cited only for the purpose of outlining those which entirely or paramountly belong to the state. Certain Soviet scholars, maintaining the fiction of all-the-people's ownership, try to employ the idea of divided ownership borrowed from medieval jurists—postglossators.