Article 218 of the Civil Code of the Russian Federation defines the general cases of the emergence of legal opportunities for subjects regarding various objects. Particular attention in the norm is paid to the facts when this occurs. Consider further Art. 218 of the Civil Code of the Russian Federation with comments and a description of the classification of grounds on objective and subjective grounds.
General information
In paragraph 1 of Art. 218 of the Civil Code of the Russian Federation, it is established that the legal capabilities of a new facility created or manufactured by an entity to satisfy its needs in compliance with legislative and other regulatory acts are acquired by it. As a result of using things, income, products, and fruits may arise. The ownership right to them is acquired on the grounds established by Art. 136 GK.
Transition of legal opportunities
Ownership of objects may be transferred to other persons. The basis for the transfer of legal opportunities is an agreement of barter, sale, gift, and another agreement providing for the alienation of things. In the event of the death of a person, the right of ownership of property that belonged to him shall be inherited by law or testament. When reorganizing a legal entity, the succession procedure applies. These provisions are established by paragraph 2 of Art. 218 of the Civil Code of the Russian Federation.
Special cases
On the grounds established by law, a person may obtain ownership of a thing that does not have a master, the owner of which is unknown, renounced it or was deprived of the corresponding powers due to other circumstances provided for in the norms. A member of a housing, garage, summer cottage, housing construction or other consumer cooperative, as well as other entities that have made a share contribution in full for the premises provided to them, become full legal owners. This provision is defined in paragraph 4 of Art. 218 of the Civil Code of the Russian Federation.
Explanation
Circumstances that alone or in combination with other factors entail the emergence of property rights in accordance with the law are referred to as grounds for acquisition. By their nature, they can be events (expiration of the statute of limitations) or actions (transaction, find, etc.). In science, the distinction is made between the original and derivative bases of acquisition. With their differentiation, the following feature is used. The right of the new owner, obtained on a derivative basis, is based on the legal capabilities of the previous owner. It should be said separately about the volume of transitional categories. Together with the object, the new owner acquires all rights associated with it, except for the exceptions provided by law. This should be guided by a key principle. He says that no one can transfer more legal opportunities than he has.
Types of grounds
Given the criterion of succession, the initial circumstances of the acquisition of the right should include:
- Creature.
- Recycling.
- Unauthorized construction.
- The ownership of abandoned movable objects.
- Collection of public items.
- Finding and ownership of animals that do not have owners.
- Treasure.
- Acquiring prescription.
- Obtaining ownership of income, products, fruits.
- Obtaining legal opportunities from an unauthorized alienator.
In addition, the law allows cases in which the ownership of real estate is recognized by the municipality. This basis is also considered original.
Derivative Circumstances
These include:
- Transfer of an object under an agreement on its alienation.
- Inheritance.
- Obtaining ownership by a cooperative member in the event of full repayment of the share contribution amount.
- Acquisition of legal opportunities regarding the property of the enterprise during liquidation / reorganization.
- Privatization.
- Requisition.
- Nationalization.
- Redemption of immovable objects as a result of withdrawal of the plots on which they are located.
- Ownership of things that, by virtue of the law, cannot belong to this entity.
- Redemption of mismanaged cultural property, living quarters, pets in case of improper handling.
- Confiscation.
- The appeal to the objects of collection for the obligations of the owner.
Important point
The general rules established by Article 218 of the Civil Code of the Russian Federation must be complied with subject to a number of requirements. The grounds provided for in the first paragraph are considered to be initial, since before their occurrence legal possibilities regarding the thing did not exist at all.
Conditions
Creating an object to obtain the corresponding rights to it requires the fulfillment of a number of conditions. First of all, we are talking directly about a new subject, which was the result of the primary work of a particular person. From a legal point of view, the emergence of an object means the creation of an individually defined thing that did not exist before this moment. This process also includes a significant reconstruction of the subject.
Purpose of creating things
It is also worth noting that the legal owner of the object under Art. 218 of the Civil Code of the Russian Federation becomes the person who manufactured it for their needs in their interests. If the creation of an object is carried out under an agreement for another subject, then he becomes its owner, but not the creator. For example, initially, by agreement of the contract, the product is acquired not by the contractor, but by the customer. Thus, the determining criterion is the existence of a goal to acquire the right of ownership by the creator. It is important to note that the materials from which the product is made must belong to the manufacturer. Otherwise, the rules of Art. 220 Code of Processing.
Compliance with the law
Art. 218 of the Civil Code of the Russian Federation indicates that the creation of an object should be carried out in accordance with applicable standards. Failure to comply with established legal requirements, as a rule, does not allow the manufacturer to obtain the estimated scope of legal capabilities. On the contrary, in many cases, violation of the requirements leads to very adverse consequences.
Revenues from using a thing
Fruits, incomes, products belong to the entity that operates the property legally, unless otherwise provided by law or contract. Thus, the income received by the tenant is his property. If the object is provided on conditions that exclude its use, then the proceeds, products and fruits belong to the legal owner, and not to the temporary owner.
Alienation transactions
They may or may not be provided by law. In the latter case, however, transactions must comply with regulatory requirements. In particular, with regard to contracts of exchange, gift, sale of real estate, their registration must be carried out strictly in accordance with the rules. Agreements must be written and registered by the authorized body.
Legal entity reorganization
As indicated above, Art. 218 of the Civil Code of the Russian Federation provides for it as the basis for the acquisition of legal opportunities by successors. It should be noted that the reorganization procedure includes several mandatory measures. In particular, an act of transfer of property is drawn up. It indicates information about the objects, their previous and future owners. The act of acceptance of the property is a document of strict reporting.
Cooperative members
They acquire ownership of real estate if they fully repay the amount of the mandatory share contribution. This base is considered derivative. After making the full amount of the contribution for an apartment, house, garage, cottage, other premises, the objects change their owner without a special will. Further actions, including state registration, are certifying, not establishing nature. The acquisition of the right to an object is confirmed by a document issued by the cooperative. It indicates that the participant has fully paid the fee.
Specificity of Succession
The transfer of law from one entity to another has a derivative character. In practice, sometimes situations arise when it is difficult to understand whether there is a succession or not. In determining the property of the follow-up characteristic of property rights, it should be said that it is in any case provided for in accordance with general norms (Article 216, paragraph 3). If there are any exceptions, they must be expressly stated by law. In this regard, in controversial cases, succession is assumed, unless otherwise follows from the legislative provisions or the essence of the specific grounds for acquiring legal opportunities. As for the last reservation regarding the nature of circumstances, it is advisable to classify them into 5 categories:
- Creature.
- Possession.
- Broadcast.
- Buyout.
- Withdrawal.
Other criteria for identifying succession by experts are considered unobvious.
Subjective sign
In some cases, the classification of the grounds for acquiring legal opportunities is not carried out according to the objective criterion of succession. Differentiation is carried out on the subjective basis of the will of the previous owner to the emergence of the right of another person. Meanwhile, as experts say, this criterion cannot be called universal. This position is determined by the fact that the legislation in a number of cases directly allows for succession in the absence of the will of the owner. For example, under Art. 110, 1175, 1149, 1111 of the Code, in the event of the death of the subject, legal possibilities pass to the heirs in an unchanged form, that is, including all burdens. At the same time, the will of the owner is not taken into account when transferring property under the law, as well as when accepting the mandatory share, even with a will.
Additionally
As the basis for termination of the right of ownership, which at the same time does not act as a circumstance for the occurrence of another entity, acts the death (destruction) of the object. The Code does not provide an exhaustive list of circumstances in which a person acquires legal capabilities in relation to things. The norm should be interpreted broadly. In this case, it is necessary to take into account the grounds for termination of the right of ownership, which at the same time are circumstances for its acquisition by other persons.