Norm 209 of the Civil Code of the Russian Federation discloses the essence of property rights. In particular, it establishes that the legal owner of property may own, use and dispose of it.
Legal Opportunities
Norm 209 of the Civil Code of the Russian Federation indicates that the owner of the property may, at his own discretion, carry out, with respect to material assets belonging to him, any actions that do not contradict established legal and other legal acts. However, they also must not violate the rights and interests of others. According to Art. 209 of the Civil Code of the Russian Federation, the owner may, among other things, alienate property to other entities, provide them with the opportunity to dispose of and use material assets, pledge them, encumber them with other means.
Paragraphs 3 and 4
The disposal, use and possession of land and other natural resources, to the extent that their turnover is permissible by law, is made freely by the owner. At the same time, the actions of the subject should not harm the environment and violate the interests of other persons. The owner of material assets has the right to transfer them to trust. In this case, ownership remains with him. The trustee, in turn, is obliged to carry out appropriate actions in the interests of the legal owner or a third party indicated by him.
Article 209 of the Civil Code of the Russian Federation: comment
Ownership plays a key role among all legal opportunities for property. These include, in particular, easements, economic management, operational management, etc. Property law is distinguished by a number of features. On the one hand, they allow us to consider them as a single system, and on the other hand, to distinguish them from other categories. First of all, the thing acts as an object. It is the subject of the material world, which can be in the possession of man and serve the satisfaction of his needs.
The existence of property rights means the formation of the relationship of the subject to the thing that he owns. When they talk about property, they indicate the ownership of the object: "mine" or "someone else's". The interest of the holder of the right is satisfied through the commission of his own actions. In particular, the owner uses the item at his discretion. In this case, other persons have the obligation not to impede the subject in the exercise of his rights. This feature allows you to clearly separate property relations from obligations. In the latter case, interest is satisfied through the actions of the obligated. Property law is considered absolute.
Property Features
The category clarified by Article 209 of the Civil Code of the Russian Federation, in the economic sense, is a historically established institution. In the framework of developing social relations, material goods are appropriated. In an objective sense, property law acts as a system of norms. They govern the above social relations. In a subjective sense, property is a measure of permissible behavior, provided by law, by order of, use and possession of material values. This is indicated by article 209 of the Civil Code of the Russian Federation.
Possession
Leading to comment 209 of the Civil Code, it is impossible not to clarify the structural elements of property rights. The first is ownership. It, like the other components, is mentioned in part one. Art. 209 of the Civil Code of the Russian Federation considers the owner of the property in a broad sense. The right of ownership acts as an opportunity provided by law for possessing a thing in its physical sense. The one who holds it in his hands, as well as the one in whose economy he is in possession of the subject. In this case, the thing must be available for technical, physical and other impact. According to the norm of 209 of the Civil Code of the Russian Federation, land, subsoil, buildings and other objects that cannot be literally held in hands can also be an object of ownership.
Features of ownership of law
According to norm 209 of the Civil Code of the Russian Federation, not only the direct owner can own the object. The legal owner of material assets may transfer them for storage, for rent, as a security, and so on. Accordingly, the receiving entity has a right of ownership. Meanwhile, ownership in the transfer of things in such cases is not lost by the rightful owner. He continues to stay with them. Ownership of the non-owner is derivative. At the same time, the subject who accepted the thing may not be able to use it (for example, during pledge or storage), or its conditions are determined by the legal owner. As a rule, there is no right to dispose.
Use
It represents the ability to extract useful properties from an object. The forms of use will depend on the natural characteristics of the thing. In this case, it is advisable to comment on Art. 209 of the Civil Code of the Russian Federation to include references to other legislation. Use of the thing may be carried out for its intended purpose or in another way. The first, in particular, fix Art. 209, 288 of the Civil Code of the Russian Federation. The norms in question clarify the general procedure for the exercise of property rights. Art. 288 of the Civil Code contains a description of the disposal, use and possession of residential premises. In the first part of this rule, it is indicated, in particular, that these actions are performed by the owner in accordance with the purpose of the object. Along with this, the legal owner has certain responsibilities. According to the standards 209, 210 of the Civil Code of the Russian Federation, the owner, while owning, using and disposing of a residential property, bears the burden of its maintenance, unless otherwise provided by law or contract.
Order
It involves the ability to determine the legal fate of a thing. The right of disposal is exercised through the commission of acts aimed at achieving specific legal consequences. The owner, in particular, may sell, donate, lease his property. In some cases, the subject accepting the thing also receives the right to dispose of it. For example, under certain circumstances, a tenant may sublet an object received under a lease agreement. The right to dispose, however, is limited.
Regulatory Features
The basic law established that no one should be deprived of his property, except by a court decision. By norms, meanwhile, forced alienation of objects for state needs is allowed. In this case, the legal owner must be provided with a preliminary equivalent compensation. Civil law is based on the recognition of the inviolability of private property. When establishing the basis for the emergence of property law, the provisions characterize its content (norm 209 of the Civil Code of the Russian Federation), determine the categories of entities, etc. Civil law does not allow arbitrary interference in private affairs. This, among other things, means the impossibility of affecting property rights in the absence of appropriate grounds.
Subject Protection
Legislation provides for ways to restore violated rights. In particular, we are talking about judicial protection. Any entity whose owner’s right has been violated may appeal to an authorized authority. Infringement of interests may be direct or indirect. In case of a direct violation of the right of ownership, a proprietary claim is sent to the court. In other cases, a legal requirement is filed.
Owner specificity
Paragraph two of the norm 209 of the Civil Code of the Russian Federation establishes the possibility of a legal owner to make any transactions. Moreover, in order to avoid the omnipotence of subjects, a restriction is established. The action of the owner must comply with legal requirements and not violate the interests of others. To prevent conflict situations, the legislator guarantees the reality of the subject's authority and the inviolability of his property. In doing so, he establishes the limits and limitations of property rights. These boundaries are of a different nature.
Limits of law
They are established by law. In particular, the rules prohibit actions that are carried out to cause harm to others, as well as any form of abuse of the right. The owner may carry out actions that are consistent with the law and do not infringe on the interests of other entities. For example, under Art. 260 the landlord may donate, sell, lease / pledge insofar as the lands in which the allotment is included are not withdrawn from circulation or are not limited thereto.
Limitations
This framework of property rights is subjective. They are established depending on the will of individuals or the judiciary, based on legislative provisions. Borders of law are permissible if the parties to the relationship establish appropriate restrictions by agreement. For example, when signing a mortgage agreement, the parties to the transaction stipulate that the mortgagor cannot dispose of the property.
Ownership of natural resources
He is given attention in paragraph 3. In general, the general rules for disposal, ownership and use apply to natural resources. Together with the reproduction of the already established procedure, the norm indicates the possibility of exercising the powers to the extent that it is allowed by law. In addition, damage to nature during possession, disposal or use is prohibited.
Trust management
It is regulated by hl. 53 GK. Trust management is a way of exercising the right to dispose of the owner. The provisions of the rule in question are specified in Art. 1012 Civil Code (paragraph one). In accordance with it, one participant in the relationship transfers another object for a specific period to trust. In this case, the receiving party assumes the obligation to perform appropriate actions in the interests and in favor of the owner or the person indicated by him.