Property has excited people's minds throughout the existence of mankind. The development of the latter is directly related to this concept. Thanks to the existence of the institution of ownership and rights to it, modern society is actively developing. In this context, disposal is an integral driving force of all economic processes.
Property rights
Such concepts as “mine”, “yours” allow us to determine the meaning of the word “property” in everyday life. That is, it is determined by the public order (traditions, laws, rules, norms, customs, and so on) of a behavioral relationship between people arising in connection with the acquisition and use of goods.
Legally, a property right is a set of legislative norms that enshrines the appropriation of property by subjects of civil legal relations.
Competence Triad
Traditionally, civil law in Russia has a subjective representation. In the Civil Code of the Russian Federation (paragraph 1, article 209), the rights of the owner are disclosed by the so-called triad of powers. It follows from it that possession, use, disposal are legal powers regulated by law. In other words, this is a legally supported opportunity to have, maintain, use property. The essence of authority is the possibility of exploiting property by extracting useful properties from it.
Analyzing the rights associated with property, one should clearly distinguish between ownership (actual control over property) and ownership (property right to have this thing with you). Similarly, use (extraction of necessary properties of a thing) and right of use (property right to benefit from property) are differentiated. The right to dispose of these concepts is strikingly different. It occupies a special place in the triad. From the point of view of many scientists, disposal is the basic, most significant right, without which property as such does not make sense.
Legal authority
Each owner has a legally secured opportunity to dispose of his property, as well as his rights to it. The main condition in this case is the conformity of his actions to the law and other regulatory acts.
In accordance with civil law, the disposal of property is the right of the owner, which gives him the opportunity to perform any legal actions with his property at his own discretion. Including:
- to alienate (change, give, sell) property itself and its rights to other persons;
- while remaining the owner of the property, transfer ownership, use, and disposal rights;
- encumber property, pledge it;
- transfer to trust the person (delegate) who is obliged to carry out their activities in the interests of the owner or a third party specified in the power of attorney;
- dispose of property in other ways provided by law, without violating the legitimate interests of other persons.
Disposal of ownership of property
It is often mistakenly believed that an order is a right of alienation. Indeed, these two concepts are related to each other. However, not every order is connected with or is alienation. For example, registration of things for rent or rent. This order, but at the same time, is not alienation. These two concepts are similar in both genus and species. Therefore, disposition is any alienation.
In addition , the owner may voluntarily waive the rights to his property. At the same time, he loses the opportunity to renew the actions of use, possession and the right to dispose. This power is prescribed by law, and the refusal must be expressed in an unambiguous form.
Limitation of authority
Owner may have limited rights. An order may be curtailed, for example, in cases of arrest, illegal possession of another person, bail or other circumstances. However, then the owner does not lose power, but only can not exercise it for a certain period of time.
In addition, according to paragraph 5 of Article 55 of the Constitution of the Russian Federation, it is possible to limit the rights and freedoms of a citizen exactly to the extent necessary to protect the constitutional system, health, interests of others, morality, etc. Given this, we can conclude that only on the basis of federal laws is it possible to limit ownership in general and orders in particular.
At the same time, any restriction has its limits. The established framework should not be arbitrary, but dictated exclusively by necessity. All such restrictions must meet the requirements of justice, expediency, legality, proportionality.
The main motives for restricting ownership are the finiteness of natural resources, housing shortages, reducing the consequences of using sources of increased danger, sanitary standards and more.
It is unacceptable to limit the right to dispose of property in order to unhealthy competition, create a threat, protect the illegal interests of citizens.
Legal description of cash
The subjects of civil legal relations are assigned the right of ownership of property (tangible and intangible). The legislator defines money as movable property (part 1 of article 302, part 1 of article 307 of the Civil Code), and therefore, they participate in civil law relations. The bulk of the money is in circulation and constantly moves between the subjects of legal relations, some of which lose the right of ownership, while others acquire it.
Money management is the ability to dispose of it as a universal means of payment for goods and services. Money alone has no consumer value. Their value is determined by exercising the powers of the owner by order.