Property is a special concept that is very common in legal practice. The concept of property right is provided for by the civil legislation of the Russian Federation, and it includes three possible types of actions that a person has the right to carry out: own, dispose, and use. Let us further consider the content of property rights, as well as its main types and forms that can be encountered in practice.
General concept
Before you begin to consider the content and types of property rights, it is necessary to determine its concept. If we consider it in an objective sense, it should be noted that this right represents a whole system of legislative norms that not only consolidate, but also protect all those relations that are associated with the appropriation of production results, and the means that allow the owner to take actions possession, disposal and use of property.
When considering the same concept in a subjective sense, it should be determined that it represents a certain range of powers of the owner of the indicated property in relation to its belonging and the possibility of certain types of behavior in relation to it.
This concept is governed by the provisions enshrined in the content of the Civil Code of the Russian Federation.
Content
Considering the content of the right of ownership, it is necessary to determine that its main essence is that a particular owner has the right to take any action in relation to the property that belongs to him. Moreover, they may be produced at his sole discretion. The legislator notes that the actions taken should in no way contradict the legislation currently in force in the Russian Federation. Moreover, they cannot violate the legitimate interests and rights of others.
It should be noted that in practice, the content of the property right is not only the commission of the above three types of actions. In fact, the legal owner also has the right to remove other persons from the process of disposing of his property belonging to him on completely legal grounds. This right is veiled in the content of Art. 209 of the Civil Code of the Russian Federation, which states that the owner can perform actions solely at his discretion. All other persons who are somehow related to this property have the right to perform those actions that will be authorized by the owner, and only in the form in which he considers necessary.
It should be noted that in addition to the three rights discussed above, the owner of a particular property also has some obligations. These include, first of all, the burden of maintaining the property, which consists in the obligation to independently carry out repair and construction work in relation to the object, maintain expenses related to it, as well as independently bear the risk in case of destruction of property or its death.
Content of ownership rights
As already noted above, the content of the concept under consideration includes certain powers: possession, disposal and use. Let us further consider the meaning of each of them in more detail.
Ownership means that the person who is endowed with it has the full right to possess property in the physical sense, while maintaining it.
The right to use implies the possibility, enshrined in civil law, to engage in the extraction of useful properties from a certain thing in the property. This action can be committed both by its personal consumption and exploitation.
Considering the content of powers in the right of ownership, it is also necessary to pay attention to such a component as the right to dispose. It represents the possibility of independent determination of the further legal fate of a particular property being owned. In simpler words, this competency implies the possibility of its transfer, gift, sale, exchange and any other actions in relation to it.
Ways of occurrence
Considering the legal content of the property right, it is necessary to determine the grounds on which it may arise. It’s fashionable to name certain facts of a legal nature, which in their practice, experts divide into derivative methods and initial ones.
Speaking of the original grounds, it should be determined that they include those cases when the right in question arises for the first time and, as a rule, for a newly created thing. It can be made by the owner or, for example, being ownerless, be converted to its use. This also includes cases of finding a treasure, as well as gaining something on the basis of acquisitive prescription.
Speaking about derivative methods, the legislator implies such ways of acquiring objects as nationalization, privatization, redemption, acquisition of this right to the property of an organization or enterprise in the event of its liquidation or reorganization, foreclosure on certain property, etc.
Ownership also has the property of terminating. This occurs in cases where it arises with respect to the same object from a third party due to the onset of certain facts of a legal nature. In some cases, this action may occur, regardless of the will of the owner (collection of specific property or redemption of cultural property, etc.)
Subjects and objects
According to the Civil Code of the Russian Federation, the content of the right of ownership includes both subjects and objects. Based on the provisions presented by this regulatory act, the object of this right can be absolutely all types of property, which includes both real estate and movable. The legislator interprets this concept in a restrictive manner, from which it can be concluded that objects of such a right can be exclusively things, that is, tangible objects.
As for the subjects, the right of ownership can be enjoyed by individual citizens as well as persons with legal features. Moreover, even the whole municipalities and the state itself — the Russian Federation, as well as its individual entities — are entitled to act as such.
Depending on the types of subjects of property rights, the content of the property right provides for its division into three types: state, municipal and private. Constitutional law establishes that all three types of property are equally protected at the state level. Let us consider each of them in more detail below.
Municipal property
Speaking about municipal property, it should be noted that this concept implies a certain property complex of a particular municipal formation, which consists of land plots, as well as real estate and movable property. It should be noted that the concept of "real estate" of a municipality includes not only buildings, but also utility networks.
The conduct of operations related to the disposition of municipal property is vested in local authorities, but only to the extent that is stipulated by their competence, as well as in the manner determined at the legislative level.
Municipal property includes another concept - the property of the city (or any other entity). The list of objects to which this type of property can be extended includes all those that are vital for the locality. These include roads, objects of historical and cultural heritage, buildings, as well as structures that are needed to ensure the economic and social needs of the city. This should also include minerals of citywide importance, areas, engineering structures, as well as energy and water supply systems.
The legal status of objects for which a municipal form of ownership is established is enshrined in the Law of the Russian Federation "On the principles of the organization of local self-government".
State property
The Civil Code of the Russian Federation says that the content of state property right consists in the fact that it covers all those objects that are owned by both the state itself at the federal level and its individual entities - territorial entities. It should be noted that the modern legislation categorically prohibits the separation of ownership of entities and the entire state, which is prescribed in the decision issued by the Supreme Court of the Russian Federation No. 3020-1.
Realization of the right of state ownership in practice is carried out exclusively by bodies that are involved in the exercise of power locally or at the federal level. The legislator notes that they are obliged to act exclusively within the limits of their competence. Based on this, it should be concluded that at present, these duties are assigned to the Federal Agency for Property Management of the federal type, which is founded under government authority, as well as the Government of the state itself.
As for the list of property that can be defined as state property, its range is not limited. Moreover, the content of the right of ownership says that it can be any property. It should be noted that some types of property may be exclusively owned by the group in question. These primarily include property that is at the disposal of the Armed Forces of the Russian Federation.
It should be noted that property, which is assigned the status of state property, can be assigned to certain organizations operating on a federal basis. They have the right to use and dispose of the entrusted objects. In the event that any objects are not assigned to individual entities, then they are considered to be part of the federal treasury or budget of an individual entity of the country.
Considering the content and objects of property rights, it is necessary to indicate that all those over which state ownership is established have some specificity. It consists primarily in the fact that the withdrawal of property from circulation into this type of property can be carried out exclusively by the state, and this happens, as a rule, on a voluntary basis. The process of establishing the regime for the use of such facilities can be determined exclusively by authorities.
Private property
When considering the content of citizens' ownership rights (private), it should be noted first of all that it represents the right to dispose, possess and use certain property that is vested in both legal entities and individuals. It was determined that these types of powers should be exercised on a free basis, with the exception of the moments of the onset of some cases stipulated by law. In the event that private property is established in relation to a certain property, the state fully guarantees its protection from external encroachments.
The legislator determines that private property can be established both in relation to certain objects, and on the means of production.
Special attention should be paid to such an object as land. The law states that the content of the right of ownership of land provides that such an object can be defined in all three types under consideration.
It should be noted that the institution of private property in national law existed for a long time, but in Soviet times it was canceled. Its renewal was made in 1990. The institution of private property is quite extensive. In it one can observe several of its varieties: family, joint-stock, property of public organizations, as well as unit excise tax. As practice shows, all of these varieties imply the establishment of this right in relation to entire groups of people acting under general principles, but the content of the subjective right of ownership in this case does not change. Its peculiarity lies in the fact that each member of the collective has equal powers and does not have the right to make any transactions regarding property without the consent of the other co-owners.
Common property
Having examined the content of the property right and the subjects of property right, it is necessary to determine that, along with the generally accepted forms of this concept in modern legal practice, there is also a general one that provides for the establishment of several legal owners on one property. This concept is provided by the content of Art. 244 of the Civil Code of the Russian Federation.
A common ownership right may arise when several persons enter into the right to dispose, possess and use at once. The legislator notes that for the recognition of this right as common, the simultaneous presence of several owners is not enough - the object must be indivisible.
Speaking about the content of the general type of property right, it is necessary to determine that it is divided into two types: shared and joint. Let us further consider the features of each of them.
Total share
It is customary to use this concept when a certain object that is in common ownership is divided into an unlimited number of shares, each of which has its own owner.
It should be noted that this type of property has a certain characteristic feature, which is especially pronounced in the process of owning and disposing of a thing - these actions can be performed only with the consent of all co-owners. In the event that this agreement cannot be reached, such an action is committed through the court. Separation of property in common ownership of a shared type is also carried out with the consent of all participants.
Shared joint
Considering the concept, content of ownership and the form of ownership, it is necessary to pay attention to this type of ownership, as a common joint. It should be noted that this type of ownership arises solely by law (for example, between spouses) and does not provide for separation between owners. The determination of shares can only be made if, by a joint decision, it is transformed into a common share or in a divorce.
The peculiarity of this type of property is that in case of sale of a part of the object, the co-owner has the preemptive right to acquire it.