Since ancient times, scientists have been trying to figure out what constitutes a civilized society. Moreover, this issue was investigated in completely different areas of human knowledge. One of them is law. This branch of human science can rightfully be called the main regulator of relations within society. Therefore, who better than lawyers to know what constitutes a civilized society? According to scientists of this field of knowledge, a society can be considered civilized in which each participant knows his own and other people's boundaries of what is permitted, and, most importantly, can provide them.
This concept is largely manifested in the existence of categories such as rights and obligations. But legal scholars went further in the process of seeking an answer to the question presented. Even on the territory of ancient Rome, a judgment was formed that the right of ownership can exist exclusively in a civilized society.
This kind of remark is quite appropriate if you analyze the property from different angles. At the same time, the powers of the owner, which will be discussed in this article, are of great importance.
What is property?
To analyze the rights of the owner, you need to understand what property is in general. To date, two basic concepts for considering property have been formed. First of all, you need to consider the economic nature of this category. From this point of view, property is the totality of all things that belong to a particular subject, citizen, person, etc. In relation to these things, the subject can carry out almost any action. The economic concept shows the very essence of the presence of these things as objects of the material world. In other words, a person based on them can make a profit, losses, etc.
Legal nature of ownership
If we consider property on the basis of a legal view, then the essence in this case changes somewhat. First of all, it should be noted that the legal nature of ownership is largely revealed in the civil branch of law. To be more precise, in civil law property is a whole institution, that is, a set of legal norms that exist for the economic regulation of the category presented in the article.
It should be noted that from an economic point of view, the mentioned category is always the object of the material world. The legal nature of ownership allows the existence of intangible types of property, such as intellectual property . Based on the legal nature of the category, one can distinguish such a term as the owner’s authority.
History of the legal category of property
The current regime of legal regulation of property has a long and interesting history of formation and formation. Oddly enough, in some cases, the regulatory standards existing in the Civil Code of the Russian Federation are borrowed from Roman private law. The bottom line is that the ancient Roman lawyers developed such successful legal constructions that their relevance has not been lost to this day. The most important and effective norms of property regulation were presented in the main sources of Roman law: the code of laws of the XII tables and codifications of Justinian.
Further reception of Roman private law made it possible to expand and supplement the mechanism for regulating property, and also gave rise to such a specific category as the powers of the owner.
Property rights
First of all, it should be noted that ownership is one of two groups of a single institute of property rights in the civil industry of the Russian Federation. But in this case, we will not consider limited property rights, since they are not the subject of the article.
As for the right of ownership, this is a set of homogeneous legal norms of the civil industry that consolidate the ownership of certain things to specific individuals. The latter, in turn, have a number of duties and rights, which are generally called powers.
What are the powers of the owner?
Owing to the ownership of a specific property, a person receives an additional package of rights and obligations. This means that the powers of the owner of the property appear only if this property actually exists. In other words, a person will not have any rights and obligations in relation, for example, to an apartment that he is going to buy in 20 years. It follows that the rights of the owner appear and disappear only due to the presence of specific legal facts, which will be presented later.
The emergence of ownership
To date, theorists of the civil industry are quite sharp disputes about the legal facts that cause the emergence of property rights. The problem is that you can highlight a large number of such points. Nevertheless, there is a long-formed legal concept that lists the classic legal facts that entail the emergence of property rights. Thus, the rights of the owner arise:
- as a result of the direct manufacture of any thing on their own;
- as a result of income, fruits, that is, the use of property;
- upon transfer of the right to property under a purchase and sale transaction, gift, etc.
- in case of succession of property;
- as a result of the discovery of an orphan item.
Termination of Title
The spectrum of moments when ownership ceases is not so large. The main legal facts when the rights of the owner cease to exist include:
- loss of property;
- disclaimer of ownership;
- destruction of property;
- alienation of the rights of the owner in favor of third parties;
There are also a number of cases stipulated by the legislator, when the right of ownership is terminated by force, that is, when ignoring the will of the direct owner. Such situations include satisfaction of obligations at the expense of property, confiscation of property, nationalization, forced redemption of land for the needs of state and municipal nature, etc.
The content of the rights of the owner
The content of all the available powers of a particular owner characterizes the ownership right in general. It should be noted that competences in their entirety are a structured mechanism consisting of three elements. These include the right to possession, disposal and use. This design was formed in the days of ancient Roman private law. However, the formula evolved and found its practical application in the 21st century. It should be noted that all three elements in their own way characterize the array of powers of the owner of the thing. Therefore, they need to be analyzed not only in the system itself, but also separately.
The essence of ownership
Earlier, we indicated that the rights of the owner are the right to dispose of use and possession. As for the latter category, its essence lies in the physical possession of a thing. In other words, the owner has a real opportunity to influence the property economically. In this case, quite often a large number of controversial issues arise regarding intellectual property. However, even taking into account its intangible nature, intellectual property has a certain clothing manifestation, to which the right of ownership applies.
The specifics of the legal category of use
In addition to the actual possession of a particular thing, the owner has the right to extract useful properties from it. Use is carried out by direct operation of the property. The categories of possession and use are quite closely interconnected, because it is impossible to get any properties from a thing without actually owning it. FROM
It should be noted that the right to use may belong not only directly to the owner. For example, the latter may well transfer this power to third parties. Moreover, the right to the thing remains with the owner. However, other persons can benefit from it along with the owner.
Right of disposal
Some scholars believe that the authority of the owner is most important as the order. If you look from a practical point of view, then such a judgment is correct, since the order is an opportunity to determine the future legal fate of a thing. In simple terms, the owner has the right to sell, give, rent, etc. However, the theoretical component of the issue is somewhat different. To dispose of the thing, of course, is important, but this authority is available only to those who physically own the property.
Thus, summing up with respect to all the powers presented, it must be said that they are interconnected. This fact indicates that the proprietor’s competencies are not just separate legal possibilities, but a whole structured mechanism.
Features of ownership of land and land
Despite the classical structure of property rights presented above, in the civilian industry there are times when regulation is not carried out according to standards. For example, the powers of the owner of a land plot are significantly different from the powers of the owner of a car. To be more precise, the possibilities of land owners are infringed upon by the duality of regulation. This is due to the fact that land has a specific legal status. This is not only real estate, but also an object of regulation of environmental legislation. Therefore, in the process of ownership, use and disposal of land, the owner must build his behavior on the basis of not only civil norms, but also the characteristics of environmental law.
Similar difficulties are also framed by the right of lifetime inheritable possession. As a rule, the subject of this authority exercises its actions on property only with the permission of the owner, if he himself is not. But in this case, you need to understand what constitutes the right of lifetime inheritable possession, or rather, what range of powers is transferred.
So, in the article we tried to analyze the key competencies of the owner. Possession in this case is an additional concept. It characterizes all existing property of the owner.
In conclusion, it should be noted that this topic still needs legal revision to increase the effectiveness of its application in the practical industry.