Chapter 4: The System of Economic Law
4.6. Land Management Law
In relation to economic law, the land issue is particularly important to consider. In a communist society based on a sustainable planned economy, land is treated as an ownerless natural property. In other words, legally, land is not the subject of ownership, whether by private individuals or public bodies (see my article).
However, each Zone holds land management rights for the purpose of sustainable planned use of land. Since this land management right is a public right belonging to the Zone, which is a public entity, it is not subject to the regulations of civil law. Specifically, it is stipulated in the land management law, which is part of economic law.
Land management rights are not transferable like ownership rights, and Zones are obligated to hold land management rights permanently, and they can only be transferred if a part of the land within a Zone is to belong to another Zone.
Thus, even though no ownership rights are established for the land, ownership is established on structures on land by private individuals, corporations, and public entities. Typically, this is an individual's private home. In this case, a land use contract is concluded between the individual and the Zone for the land that the Zone plots and opens for housing.
This contract has the nature of a free-of-charge lease contract, but due to its special nature as a contract with a Zone that has management rights, it is still regulated by land management law. Under this law, the lease period is indefinite in principle, based on the stability of the homeowner's residence, and inheritance of the lease is also permitted.
On the other hand, for land use lease contracts with public entities such as local authorities, in addition to corporate entities, the expiration date is determined according to the use of the structure, and even in the case of an expiration date, the contract will be renewed unless there is a valid reason for termination.
In addition, a land use right holder is not permitted to transfer or sublease the right to use the land to another person without permission, and such an act without permission is not only a legitimate reason to terminate the contract, but may also be charged as an economic crime that violates the Zone's land management rights.
👉The table of contents so far is here.
👉The papers published on this blog are meant to expand upon my On Communism.
