Explanation of Article 21
The article clarifies that the system protects private property, which is the most important financial right related to a person, and includes all the assets referred to by the system in Article (42). Accordingly, a person has the freedom to dispose of their property; this cannot be restricted except by a statutory provision or to the extent that does not conflict with public order.
Examples of statutory provisions that restrict a person's disposition of their property include: the restrictions on foreigners owning real estate, and the restrictions of the Expropriation of Real Estate for Public Benefit System.
As for the restrictions imposed on ownership for not opposing public order, an example is: the prohibition of harming others without a legitimate reason, which has many applications in the neighborhood system. A property owner has the freedom to dispose of their property, but they are not allowed to harm others without a legitimate reason, such as causing disturbance to their neighbor or establishing structures that harm their neighbor.
The article chose the expression "private property" to indicate that the system concerns what is owned by individuals, companies, or private associations, as opposed to public property, which is owned by the state and subject to its own specific provisions.
Related To
Article 21
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Fungibles are things the individual units of which are identical or similar enough to become interchangeable upon the performance of an obligation without any difference considered significant according to custom.
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Non-fungibles are things the individual units of which differ significantly in characteristics or value and such difference is considered significant according to custom or whose equivalents are rarely circulated.