What is meant by ownership? Is it synonymous with ownership? Is the owner and owner the same person? Or are these different legal statuses of citizens? Ownership, use, disposal - what is the difference between them? In all these nuances, we invite the reader to understand together further. And let's start with the main question.
What is ownership?
Imagine the definition of the basic concept presented in the dictionaries:
- One of the types of ownership, the fact of possession of any property.
- The right that actually provides the ability to use any thing to only one person - the owner. The right prohibiting the use of this thing for any purpose by other persons without the permission of the owner. What is ownership? This is a right that arises as a result of legal registration of any oral agreements. Or, with the tacit consent of the person at a time when another subject takes possession of the thing.
- One of the components of the implementation of property rights. It arises along with such powers as use and disposal.
- Independent property law (according to the Civil Code of the Russian Federation - Article 1181).
- A synonym for the term "property" in Russian colloquial speech.
What is ownership? As for jurisprudence, in classical Roman law, modern German law, ownership is a fact, not a right. That is, it means precisely the actual possession of a thing. East Roman law schools had a different meaning. There, ownership was, on the contrary, a right, not a fact.
Property Category
Consider another category. Property law (according to the Civil Code of the Russian Federation) is a subjective absolute civil law that provides its holder with the possibility of direct extraction of any useful properties from certain things in order to satisfy personal interests.
Persons that have such a right, exercise it purely independently, without involving third parties in the assistance, without resorting to additional actions. The owner of a particular thing owns, disposes, uses it only at his own discretion, but within the boundaries of laws established by the state.
Real rights can be divided into three large groups:
- Limited proprietary.
- The right to land allotment.
- Property rights.
But that is not all. Property law may also mean a set of rules that govern subjective property rights. Or other material subjective rights. As for Russian law, the vast majority of such norms are concentrated in the second section of the Civil Code of the Russian Federation. Real law here, accordingly, acts as a subcategory of civil law.
Signs
It is important to determine the following. The right of ownership is a component of property. But there is such a situation. Part of property rights are derivatives of it. In other words, they are the outcome of a constitutional succession.
Property law is distinguished by the following features:
- By its nature, it is absolute. That is, here in order to exercise their powers, you do not need to contact third parties. Unlike another category - relative law of obligations.
- The objects of this right are individually defined things.
- Such rights are unlimited.
- Violation of property rights necessarily leads to the advantage of satisfaction already over binding rights.
Property rights
The concept is considered in two senses - objective and subjective.
In an objective sense: a set of special legal norms that govern the possession, disposal, use by the owner of his own property at his discretion, in his personal interests. These standards also protect property from encroachment on it by third parties.
In a subjective sense, this right consists of a number of powers of the owner:
We will analyze them in detail.
Three categories
Imagine the definition of the owner’s authority:
- Possession. Means the actual dominance of the thing.
- Use. The ability to operate any property, extract certain useful properties from it, and make a profit.
- Order. This is an opportunity to determine the actual, legal fate of things. It is also permissible to call the disposition the right of ownership itself. We can say that this is an external phenomenon in relation to it. He is called "administrative power" over this subjective right.
Subjects
Consider what is the subject of ownership under the Civil Code, according to Part 1 of Art. 212. These are the following categories of property:
- Private
- Municipal.
- State.
- Other varieties.
In our state, property may be owned by the following persons (Part 2, Article 212 of the Civil Code):
- Citizens.
- Russian Federation.
- Legal entity.
- Municipalities.
- Russian subjects.
The acquisition and termination of such a right is established only by the provisions of the law. It also defines the types of property that may be in municipal and state ownership. This is determined by Part 3 of Art. 212 Civil Code.
The rights of all owners in Russia are equally protected. This is stated in Part 4 of Art. 212 of the same Civil Code.
Limited rights
Ownership, as can be seen from its definition, provides owners with unlimited possibilities in relation to the management of things. Of course, except when the powers of the owners are limited by law.
Along with it, there are property rights that can be called limited. Most often this is expressed in the inability to independently determine the legal fate of things, to somehow dispose of them.
Limited property rights include the following:
- Housekeeping
- Operational management.
- Life inherited land ownership.
- Permanent unlimited land ownership.
- Urgent gratuitous use.
- Social type of hiring.
- Use of the owner’s housing by members of his family.
- Easement.
- The right of actual owners.
- Life-long living of a citizen in a dwelling by testament (on the basis of Article 1137 of the Civil Code).
Property Relationship
As for the modern Russian jurisprudence, here the right of ownership and the right of ownership under the Civil Code are synonymous. These are equivalent concepts in the Russian Federation. The same can be said about the legal statuses of “owner” and “owner”. In Russian law they are synonyms.
In this case, property is any property that is in the possession of its owner, owner. Its varieties differ:
- Private Belongs to only one owner.
- The total. This is a joint property. It is owned by several owners at once.
Separation by production method
We examined what ownership is. We now turn to his classifications. By the method of obtaining ownership, the following categories are distinguished:
- Legal and illegal possession. It is recognized as legal in the case when the property was transferred to the property by methods authorized by the state.
- Conscientious and unscrupulous. In the first case, the owner is fully confident that the property belongs only to him, that there are no other owners whose rights he violates.
Object and its boundaries
Let us examine what is the object of ownership. There are two large categories:
- Movable property. For example, various vehicles.
- Real estate. Examples include houses, land plots, workers, farm buildings and so on.
You can also fully own various personal items. For example, clothing, jewelry, other items located directly on the owner’s body.
The right of ownership also extends to the property that is held by the owner. For example, in the premises belonging to him. Such property may include items of repair, construction work, decor, decoration materials and other household items.
Ownership of property is also the implementation of measures to protect the latter. For example, by installing locks, burglar alarms, fences, safes, markings with various inscriptions.
As for legal ownership, in the Russian Federation it is protected by the state with the help of special regulatory acts.
Link to Ownership
Is there a connection between possession and possession? Let us turn to ancient Roman law. Here, bodily possession meant only the presence of a thing in a person. He was not its rightful owner. For example, if a person took a thing from another citizen for temporary storage, it became its owner. But not the owner. If it attempted to appropriate this thing without the permission of its owner, that person was considered a thief.
As for ownership, it in Roman law meant the existence of a full right of ownership and disposal of property by its owner.
But not all researchers agree with this interpretation. Some scholars believe that the concepts of "possession" and "possession" in Roman law were equivalent.
Inherited Category
The term "inherited lifetime possession" originated in the time of feudal society. For example, in the case when the vassal was awarded his master with lands and honorary titles for devotional service. It was assumed that they became the family inherited values of the vassal. That is, they could be transmitted after the death of its legitimate heirs. And so from generation to generation.
And, for example, in Soviet times, the term again became relevant. The peasants had the right to sell it in relation to land plots. The situation changed with the introduction in 1991 of the Russian Land Code. He abolished the right to life tenure. His alternative was ownership, the possibility of renting land.
This regulation allowed land owners to:
- Use land for personal use.
- Carry out appropriate business activities on the ground.
- To erect residential pulp and utility structures on the site.
- To lease land or for free use.
- Subjects of lifetime ownership may transfer to ownership in relation to their land.
Time category
As for this type of ownership, it does not imply the transfer of someone else's personal property to the new owner. This refers only to the right to use state or personal property on some terms. Or for a fee, or for free.
The tenure can be completely different. Temporary ownership requires mandatory written documentation. For example, in the form of a lease. Or agreements on the transfer of property for gratuitous use.
Temporary ownership mainly occurs in the following cases:
- Rent of both real estate and movable property.
- Obtaining property on loan for temporary storage.
- Accidental discovery, find someone else's thing.
- Obtaining someone else's property in the form of collateral, under the terms of credit obligations.
- Transportation, transfer of another's property by intermediaries.
- Any legal error resulting in the property of one person becoming the property of another citizen.
Indefinite use
What it is? This implies the right to use a land plot or other kind of property owned by the state, free of charge - for a certain period or for an unlimited time.
As for the Russian Federation, before 2001 it was possible to cede the land plots in perpetual use to other owners, transfer them by inheritance or sell them, rent them out. Now it prohibits the Land Code. The right of unlimited use is no longer granted.
Today, landowners have the right to register their plots (as well as other types of property) with special registration authorities. Why is this needed? The procedure will provide them with legal ownership in the manner prescribed by Russian regulations.
We figured out what ownership is. Different law schools interpret it differently. As for Russian laws, here it is synonymous with property rights. There are several categories of ownership. Urgent and unlimited, bona fide and unscrupulous, legal and illegal. It is also important to clearly limit its object so as not to initiate legal disputes.