ORIGIN AND DEVELOPMENT OF THE THEORY OF OWNERSHIP AND PROTECTION OF OWNERSHIP IN GERMANY AND FRANCE
The article examines the origins and development of the theory of ownership and protection of ownership in the civil legislation of the two leading European legal systems - Germany and France. The author proceeds from the fact that the ownership and possessory protection can not be considered in isolation from the law establishing their order. It is shown that for the French private law theory is characterized by large optionality in the regulation of property relations. Compared with the German science of civil law, as well as the norms of objective law, French civil law and civil law allows the protection of ownership, but it is meant by the actual state, not a right.