The vital activity of each and every person occurs under the influence of various factors. Some have a positive result, others are extremely negative. However, there is a third type that regulates the life of a person. Everyone knows the name of this factor, but not everyone understands its significance. Thus, the main regulator of public relations is law.
This institute appeared long ago, but its most rapid development occurred during the Renaissance. Law, in its essence, is a structured phenomenon. Modern scholars divide it into industries, institutions and norms. One of the most important and truly key industries is civil. In general, civil law has its own history of development and formation. Many provisions of the industry were developed by ancient Roman lawyers. But the main merit of the industry is not its history. The key point is that civil law lawyers have “built” specific property ownership structures that almost everyone uses today.
This set of competencies is called property law and is a separate sub-branch of civil law. The article will examine the key provisions of property rights, as well as highlight their role in the structure of the entire civilian industry.
Civil law: concepts
Before considering property rights, types of property rights, it is necessary to analyze the features of civil law. Because property rights are, first of all, a part of the civil industry. It should be noted that civil law for the most part is a legacy of the legal system of ancient Rome. It was the lawyers of that great state that formed the key concepts, institutions, traditions and some types of property rights. Roman law was indeed a prototype of the modern branch of civil law. Today, civil law is a system of legal norms that govern property and personal non-property legal relations of individuals and legal entities. This industry is best suited to meet the private interests of individuals. It is worth noting that some scholars argue that civil law is entirely the industry of regulating contractual relations. However, such a statement is the deepest error, since the structure of regulation of civil law also includes obligatory, family and other private legal relations.
Sources of Civil Law
Depending on the legal family in which this industry is considered, the sources may vary. However, we can distinguish the most general list of used sources of civil law, namely:
- Legal precedent is used to a greater extent in the countries of the Anglo-Saxon legal family, however, in the vast expanses of Europe where the continental system reigns, judicial precedents are also secretly used. The main difference is that in the first case this source is official, and in the second not.
- A normative act is a key source, regardless of the type of legal family.
- Legal customs.
Speaking specifically about the Russian Federation, then the key regulatory act is the Civil Code of the Russian Federation, created on the basis of constitutional norms.
Subject of civil law
To analyze the concept and types of property rights, it is necessary to understand the features of the object of civilistics. It should be noted that the object is all tangible and intangible benefits, due to or in connection with which civil legal relations arise. According to the Civil Code of the Russian Federation, objects of the civil industry include things, property rights (works, services), results of intellectual activity protected by law, and intangible goods. A significant part of civil relations is concentrated around things, and specifically property. Therefore, civil law is so valuable to any legal system. It is with its help that people own and manage the necessary things. The objects of regulation by the civil industry include property rights, which are the subject of this article.
Property Rights: Concept
Property rights, types of property rights cause a lot of controversy in the scientific civilistic environment. The main problem is their characterization and separation from the mass of other powers. However, after a large amount of time, scientists were able to explain the concept of "property rights". it absolute rights, of a subjective nature, which provide the holder with the opportunity to directly extract useful properties from a thing (individually defined), to satisfy personal interest. From this concept, a lot of specific features of the sub-industry presented in the article can be distinguished.
Features of property rights
Above in the article it was already indicated that property rights are subjective competencies to use things for their own benefit. But an analysis of the very definition of the term and current legislation makes it possible to highlight the features of these rights, for example:
- The absolute nature indicates that all those around should refrain from any violations of this kind of rights. In other words, there are countless obliged individuals.
- The subjectivity of law testifies to the claim for any benefits or form of behavior.
- The structure of property law, which consists of the right of possession, disposal and use.
- Differentiated nature. In general, types of property rights include limited rights and property rights.
It should be noted that the concept and types of property rights in the Russian Federation are regulated by the Civil Code. It is also necessary to take into account that in Russia they have a peculiar approach to understanding this issue. Property rights are understood as a set of legal norms, that is, they take the form of a whole legal sub-sector.
In order to examine in more detail the property rights, types of property rights, it is necessary to consider the two components of this concept presented above separately.
Property rights
Previously, the author indicated that the types of property rights in civil law are divided into limited and property rights. The last category must be considered first, as it is the most complete and has its own characteristic features. However, before talking about the right to property, it is necessary to highlight the very concept of property. According to the civilistic doctrine, this category characterizes the relationship between subjects of civil law regarding any items of a material nature. The concept of "property" can cover two types of specific relationships:
- The relationship of the person to his thing.
- The relationship between individuals about a thing.
The two types presented are fundamental factors in the formation of the concept of property rights. Thus, this category is characterized as a system of legal norms, fixing and regulating property relations.
Content of ownership
Like the whole institution of property law, ownership of property has its own internal structure. The peculiarity is that each element of the system determines the further activities of subjects of civil law. As for the elements of the structure, they are as follows:
- ownership right;
- right of use;
- the right to dispose;
The presented system of powers also characterizes a key feature of ownership: the nature of permissiveness. In other words, the owner has the right to perform any actions with the thing, the main thing is that they are within the law and do not violate the rights of other persons. It should also be noted that along with the rights held by individuals, there are also obligations. These include the obligation to maintain property and bear the risk of its death or damage.
Possession and disposal
Property rights, the concept, signs, the types of which are considered in this article, are characterized by the presence of separate powers in the subjects, namely: the ability to own and dispose of their property (things). Thus, the right of ownership is characterized by the actual ability to possess, influence a thing by economic methods, methods, etc. But in this case it should be noted that the rightful owner of the thing can be not only the direct owner, but also other persons who are legally given this opportunity, for example, tenants.
The right of disposal has a slightly different legal characteristic than use. The essence of the order is that the rightful owner, owner has the ability, protected by law, to determine the further legal fate of the thing. It should also be noted the importance of such a category as the right to use. Its essence is that the owner has the opportunity to exploit the useful properties of things to obtain any results useful to him.
Types of property rights to land
Land is a specific type of property. Owing to this fact, we can talk about a special legal regime of ownership of land regulation and private land. Types of property rights to land characterized by the existence of a certain dictate from the state. For example, exclusively state standards determine the intended purpose of the land.
In addition, there are environmental legislation norms that in some cases restrict the legal freedom of the land owner if his actions can or have already damaged the environment, etc. However, there are positive aspects of the right to land. For example, it has a wider legal framework. This fact can be clearly seen if we analyze the regime of ownership of structures that are on a particular land. Any buildings made on any land plot belong to its owner.
Property rights of non-owners
Analyzing the first component of the structure of property relations, it should be noted that the right of ownership is the broadest element, because it includes the ability to own, dispose and use certain things. When we try to single out the types of limited property rights (and property rights in general), then there is one key aspect - the owner of the property already exists. Thus, the right to another person’s thing is limited by the ability to own someone else’s thing and use it to one degree or another. Any actions with another person’s thing can be performed only within the framework of the consent given by the owner.
Features of rights to other people's things
Despite the significant limitation of property rights to other people's things in comparison, for example, with the right of ownership, they nevertheless have a number of characteristic features that must be taken into account. Such features should include the following:
- All rights to other people's things have the peculiarity of following the special. This means that when changing the title owner, the limited right does not disappear, but retains its effect and the subject of implementation.
- All limited rights can be defended and challenged in court, as well as other civil rights.
- Limited rights are derived from ownership, that is, completely dependent on it.
Classification of rights to other people's things
Limited rights have their own system classification. This allows you to highlight the most important types, namely:
- inherited tenure of land;
- the right to permanent use of land;
- easements;
- building right.
A specific group of limited powers consists of property rights to another's property arising in the process of ensuring the proper fulfillment of obligations. These include lien and lien.
Conclusion
So, the article made an attempt to explain the terms "property rights" and "limited property rights". The concept, types and other features of these powers were presented in this article. It should be noted that the issue under discussion still needs considerable refinement and theoretical understanding in order to improve and modernize the institution of property ownership. Therefore, property rights, types of property rights and signs of this set of legal norms are such a popular issue in the scientific community.