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:

· Decrease the budget deficit

· Increase efficiency of national economy

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:


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