Interrelations of civil definitions "alienation" and "disposition"

Absence of a legal definition of the term "alienation" in civil law has led to the existence of ambiguous conclusions with regard to the qualification of such a phenomenon as alienation of property. Some scientists think that the notions "alienation" and "disposition" can be considered as synonyms but others unfoundedly interpret the term "alienation" loosely using it to describe the phenomena which are not essentially such. The author of the article carried out research into the legal nature of the above categories and came to the conclusion that eligibility of disposition includes the complex of different actions: the owner has the right not only to alienate his or her property but to perform other actions as well. Moreover, it has been ascertained that alienation unlike other actions connected with disposition of property is aimed at the change of owner while other actions pursue different aims. It is this difference in goals that allows to divide the actions connected with disposition of property into the following groups: actions with alienation of property, actions of the owner with transfer of authority of ownership, use and disposition of property while retaining the right to this property (e.g. rent and mortgage); actions aimed at the change of the owner of property in the case of death (a will); actions aimed at termination of rights to property (waiver of ownership). The above classification is a brilliant proof of the fact that alienation is the only action with disposition of property that is aimed at the change of the owner of this property. The will is an exception but the specificity of legal relations under the will enables to state that bequeathing of property doesn't mean its alienation.

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