Property is one of the basic concepts in the field of civil relations, since all relations between people most often develop precisely during the implementation and exchange of things. In this regard, property rights as objects of civil rights play an important role in this area.
Property Overview
The concept of property relations is regulated by civil law in the second paragraph of Article 115 of the Civil Code. This norm determines the unity of relations and the benefits of the material type and establishes that property is a combination of these concepts, as well as their complexes or sets. For example, the concept of property of legal entities can include many things and opportunities for various actions with them.
Property rights as objects of civil rights, according to the second paragraph of Article 119 of the Civil Code, are included in the general concept of property, along with obligations, claims and debts. In this regard, everything related to a specific subject is divided into asset and liability. The classification is based on the division of property rights in civil law into those permanently owned by the subject and those temporarily owned by this person (the owner is another natural or legal person).
Not all items are property. This category includes tangible things that make it possible to meet the needs and requirements of subjects and related property rights as objects of civil legal relations. For example, rain is not such an object, since it belongs to the category of benefits for people, but it is not a material object. At the same time, natural resources are objects of property law. This is due to the fact that they can be used by people, and are material things. In addition, they may be subject to property rights. Property rights and their properties are determined by article 193 of the Civil Code.
Types of property
According to civil law, all property is divided into six types:
- Things.
- Services and work.
- Securities and money.
- The results of intellectual creative activity.
- Information.
- Property rights as objects of civil rights.
The concept of possible actions with property
Article 128 determines that property rights in civil law relate to objects of such opportunities along with other types and types. Along with property, the civil sphere is considering non-property personal opportunities to carry out various actions that arise regarding an object that is not a type of property.
The objects of property law are property and liability powers, as well as the ability to dispose of intellectual property. Property concerns the possibilities of using, owning and disposing of objects owned. An example is the property complex as an object of civil rights owned by the organization.
Opportunities of the obligatory type include the possibility of obtaining property from the possession of another person on legal grounds (for example, the possibility of creditors in respect of debts, the right to receive child support, etc.).
Opportunities associated with the results of creative intellectual activity include the possession, disposal and use of objects that are not part of the material group (for example, a song, a story, a discovery, etc.).
Features of various types of property rights
Property rights as objects of civil rights most often belong to the category of personal, inalienable. An example would be alimony obligations, legal claims for damages, debt collection by a creditor, etc.
Opportunities of the property type have a certain value in material terms and can participate as an independent element in civil circulation. Various types of civil rights (property rights, obligations and intellectual property) may be transferred to other persons in the manner prescribed by law in accordance with the rules of universal or private succession. For example, loan debts can go to the heirs when accepting the inheritance.
The concept of proprietary rights
Personal property relations regulated by civil law are most often expressed in the transfer of various material objects from one person to another. This is the essence of the implementation of certain actions with objects (things).
As an independent variety of civil subjective opportunities, this variety is expressed in the ability of the owner of the subject to exert influence on him in various ways. The owner realizes his capabilities and capabilities independently, without needing the help of other persons.
Property rights to a property are expressed in two forms:
- ownership right - the use and disposal of their property;
- limited corporeal authority - use of another's property.
To be the subject of civil turnover, the possibility of a property type must have a certain material (economic) value (that is, its value can be determined in monetary terms).
An example of such property law is the sixth paragraph of Article 66 of the Civil Code. According to this norm, when making a contribution to the property of a partnership or business company, you can use securities, money, various things, property or other opportunities that can be estimated in monetary terms.
Being an object of civil law, property obligations must be separated from the thing and thus have value as an independent object. At the same time, property type opportunities must be inextricably linked with the owner. Thus, if a person has received any right when exchanging it for a certain amount, he must know exactly to whom to pay this money.
In contrast to the obligatory, proprietary authority has an inextricable connection with the subject. This means that people have the right to use and dispose of their thing without intermediaries in the person of other people. The legislation defines only certain types of restrictions in relation to competencies exercised in relation to the indicated objects and things.
Features of property rights
As an element of property relations in civil law, it is characterized by a special content. It is expressed in the fact that the owner of the thing dominates it directly. This is the main specific feature of this type of opportunity.
The next feature is that the method of protecting property rights is absolute. It follows from the peculiarities of the rights themselves and makes it necessary to protect them by filing claims of a proprietary type.
Civil lawsuits may be directed against any citizen or legal entity that violates the legitimate interests and capabilities of the owner. In some cases, the law allows the institution of action against the owners themselves if there is a violation of the rights of the owner of property rights of a limited type.
Another feature is the ability to follow. It means that if the opportunity to own, use and dispose of property (or other proprietary rights) on the subject passes to another person, the former owner does not lose other rights to the property.
The latter feature is associated with legal relations in the framework of real estate. According to the norms of civil law, all actions with real estate must undergo mandatory state registration.
The essence of exclusive rights
Special types of opportunities of a property nature are exclusive rights to the results of human intellectual work and means of individualization. They are expressed in absolute power over the object of the material world, the owner of which is the specified person.
Opportunities of an exceptional type carry out the same functions for objects of the intangible world as disposing property for tangible objects. Due to the need to separate the roles of different types of things and how to handle them, exclusive rights are divided into the results of intellectual type activities and means for individualization.
The owner of one of these types of opportunities can use this tool or result, based on their own desires and needs. At the same time, it is important to comply with legal norms that determine that any action by a citizen or legal entity should not violate the law.
As a general rule, the owner has the right to dispose of his property and related opportunities, based on his needs and interests. The following rule applies to intellectual property: persons who are not copyright holders cannot use the results of mental creative activity or means of individualization without the permission (consent) of the copyright holder. Exceptions to this rule are only cases expressly specified in law.
Powers regarding the result of creative intellectual activity
One of the objects of property law is the result of the creative (mental) activity of a person. The first paragraph of Article 1229 of the Civil Code establishes that the exclusive rights to the result of creative mental activity and means of individualization include two forms of permissions: use of this product and disposal of it.
The law stipulates that the possibility of ownership and disposal of the results of creative mental activity has a term. These time intervals are set by the state depending on the specific type of result of mental activity or means of individualization.
After the deadlines set by law expire, these property objects become objects of the public domain, which is why other people can use them without receiving consent from the copyright holder and without paying the appropriate remuneration.
Even after the deadlines established by law have passed, the authors of inventions and works of literature, art or science still have personal opportunities of a non-property type. Such rights are not alienated and have no term (for example, the author of the work will always be so, even if he sells his creation and his rights to another person).
Features of exclusive rights
A feature of exclusive rights to intellectual property is by nature not monopolistic. The main goal of the legal regulation of these relations is to create and maintain a balance of interests of individuals (authors of works, inventions and so on) and the whole society.
To achieve this goal, the legislation establishes some cases of exemptions from exclusive rights. They include the use of the results of creative mental activity and means of individualization without the consent of the creator (or other owner of the exclusive right) and without paying him compensation (remuneration) for this use.
The list of such cases includes the performance for personal purposes of musical works of specific authors, even if it is protected by copyright laws, citation, etc.
The owners of the results of creative mental activity and means of individualization can be either one person or a group of people (a group of authors, a group of scientists, and so on).
In some cases, the law permits that the right to the same invention may belong to several people who are not dependent on each other. An example is the issuance of a patent to several people for the same product of intellectual work, if both inventors filed for the product on the same day.
Possibilities of an exceptional type for the result of creative mental activity and means of individualization have property value. The copyright holder (author) can evaluate the item in monetary terms and use it for various purposes in the future.
Valued property may become an object of civil turnover. In some cases stipulated by law, the exclusive right must be evaluated on a compulsory basis, and its value will become part of the property of the author.
An example of such a provision is the federal law on joint-stock companies, in which intellectual property can be introduced as the entire amount of the authorized capital of the joint-stock company (or part thereof). Moreover, the valuation of this type of property in monetary terms is made upon reaching an agreement on this between all the founders.
If the parties have agreed on the contribution of intellectual property to pay for shares during the creation of the company, they invite an independent appraiser. At the same time, the founders and the supervisory board (board of directors) conduct an additional assessment on their own. According to the third paragraph of Article 34 of the relevant law, the company being established cannot evaluate the property more expensive than indicated in the opinion of the appraiser.
The right of an intellectual type to the results of creative mental activity and means of individualization belongs to a Russian citizen or legal entity and is protected by the state of this country, regardless of where the invention was created.
Civil law also establishes the obligation of the state to protect this right, even if the invention (work, discovery) does not have to undergo state registration. In addition, the right is considered the property of a Russian citizen, even if this work (invention) was started in our country and completed abroad.
If, according to the norms of legislation, the results of creative mental activity and means of individualization must be registered officially, the citizens of our country and foreigners must carry out this procedure in Rospatent. In some cases, it is possible to register an invention (work) with established international organizations, if this is provided for by agreements and treaties with the respective countries.
According to paragraph 3 of Article 1228 of the Civil Code, exclusive opportunities for the results of creative mental activity and means of individualization initially arise from the inventor (author) himself. Transfer of rights to other persons is allowed only on the basis of an agreement or on the grounds established by law.
The transfer of use and disposal means most often the use of its result for commercial type purposes. If the results of creative mental activity and means of individualization have arisen in the performance of the corresponding official duties, the legal norms establish that the rights to these objects immediately arise not with the author himself, but with his head.
The effect of law in space and time
The implementation of manipulations with certain types of property and their totality (property complex) as an object of civil rights occurs in accordance with the principle of action in space and time.
According to the first paragraph of Article 1230 of the Civil Code, exclusive opportunities for the results of creative mental activity and means of individualization are valid for a specified period, unless otherwise provided by civil law.
The first paragraph of Article 1231 determines that on the Russian territory there are not only opportunities of an exceptional type on the results of creative mental activity and means of individualization of citizens of this country, but also works (inventions) of foreign individuals or legal entities, if there is a corresponding international agreement.
Russian law protects the legitimate interests of citizens, including in the field of ownership, use and disposal of property and related opportunities. Violation of these rights entails the application of various sanctions.