chapter 5.5

👉The table of contents so far is here.

Chapter 5: The System of Civic Law

5.5. Property rights Law -part 2-

In communist civic law, the law relating to kinship is included in the citizenship law , but inheritance is a system relating to the transfer of a deceased person's property among relatives and other third parties, and is therefore a part of the property rights law.

The capitalist inheritance system promotes a social class system based on the amount of property by allowing property rights to be inherited between relatives (usually between parents and children), but the communist inheritance system is a system aimed at ensuring the livelihood of family members and partners (survivors in a broad sense) left behind. 

There are two types of communist inheritance systems: statutory inheritance, which occurs regardless of the deceased's wishes, and contractual inheritance, which occurs based on the deceased's wishes during his or her lifetime.

Statutory inheritance, which occurs regardless of the deceased's wishes during his or her lifetime, is a system that allows for the inheritance between family members of items related to daily necessities of life that are reserved as private property, and guarantees the convenience and stability of the surviving family members' lives, so the items that are subject to inheritance are limited to assets related to their lives.

The scope of legal heirs is limited to the partner who lived with the deceased at the time of death and other cohabiting relatives. Given the essence of the inheritance system described above, it is usually these cohabiting relatives within this range who need a livelihood security through inheritance.

In addition, when there are multiple legal heirs, inheritance is divided equally among them. This ratio cannot be changed by the will of the deceased during his/her lifetime, and changes and adjustments to the shares can only be made between the heirs after the fact. This is also a consequence of the fact that the main purpose of communist inheritance is to ensure the livelihood of the surviving family.

When inheriting assets to a person (including corporations) other than the heir, the inheritance must be made by a gift (bequest) made by will.

In contractual inheritance, the deceased is free to decide the inherited assets, the scope of the heirs, and the share of the inheritance during his or her lifetime, but this must be based on a document with legal probative power (notarized document); mere verbal promises or wills made privately are invalid.

👉The papers published on this blog are meant to expand upon my On Communism.

Chapter 5.4.

👉The table of contents so far is here.

Chapter 5: The System of Civic Law

5.4. Property Rights Law -part 1-

In the communist civic law that governs a non-monetary economic society, property rights law has less weight than citizenship law, but it does not become nonexistent. The system of property rights law is fundamentally divided into the law of obligations and the law of property, but their substance is very different.

In particular, the contract law, which belongs to the law of obligations, will completely change its substance because the sales contract, which is overwhelmingly essential in a monetary economy, will disappear in a communist society that does not assume a monetary economy.

The exchange contract, which is the prototype of the sales contract, will remain, but it will provide the legal basis for barter, which replaces buying and selling with money. In fact, in a communist society, barter will be revived and its means will diversify, such as through the use of electronic systems, so provisions will be placed in civic law to guarantee the safety of barter transactions in such diverse forms.

On the other hand, in the case of loan-type contracts, the lease contract, which is a paid loan agreement, disappears and a free loan-for-use agreement becomes the basic type. Loans for use are often customary verbal agreements, but under communist property law, verbal loans for use are not recognized as having legal effect; only loans for use based on a written contract are given legal effect.

In addition, the loan-for-consumption contract, which has often been the cause of economic tragedies such as bankruptcy, will be abolished because it requires the return of the same type of equivalent item, as is the case in a money loan relationship in a monetary economy.

In contrast to the above, while the concept of ownership is maintained in the field of property law, possession rights, which are a de facto state of possession, are given priority. However, this is not because the existence of ownership is presumed in a state of possession, but rather the intention is to guarantee possession itself as an inherent property right.

Communist ownership does not essentially mean absolute control through ownership, but merely refers to the right to assert the removal of interference because of a particularly strong grip within the broad definition of possession rights. Therefore, it applies mainly to items related to daily necessities of life: food, clothing, and shelter.

On the other hand, the system of secured property rights such as mortgages and pledges, which wreak havoc in conjunction with consumer loan contracts as a financial means in a monetary economy and can lead to the loss of one's means of livelihood, is also abolished, so the types of property rights under communist property law are limited.

👉The papers published on this blog are meant to expand upon my On Communism.