The concept and types of limited property rights are widely considered in the civil legislation of Russia. One of the articles of the Civil Code of the state states that this concept refers to a separate rather large-scale institution of the branch of law - the real one.
What can be classified as limited property rights? What significance does this concept have in legal practice and what features does it have? About all this further.
General concept
The concept of limited property rights in civil law can be considered from different angles: subjective and objective. So, in the first case, it is precisely determined by the totality of legalized norms that have been created in order to regulate relations that have arisen in the sphere related to property rights of this type. All these norms are fixed in generally available normative acts, vivid examples of which are the Land and Civil Codes.
If we consider such a concept in a subjective sense, then it determines the legal right of one person to manage a certain thing that relates to the property of another person. A striking example, which perfectly reveals the concept in practice, is rental housing.
Signs
The main signs of limited property rights, clearly characterizing them, perfectly distinguish this group of civil rights from the rest. So, one of the signs, according to which it can be clearly determined that the right will be considered limited property, is the way it is implemented. Its peculiarity lies in the fact that all property rights with respect to the object are exercised exclusively by the person who is the owner of the property. As for the obligation rights, all of them are produced by the obligated person (in the case of a lease agreement, this right will be assigned to the tenant).
Another sign that must be mentioned in the description of limited property rights is the nature of their protection. Russian law stipulates that this category of rights is protected in a judicial proceeding by filing any of two types of claims: property law or law of obligation. The first option is used solely to protect your right to own property, and the second - in order to return unjust enrichment. In addition to these two categories of lawsuits, if it is necessary to claim compensation in connection with nationalization (such a right is provided for in Article 306 of the Civil Code of the Russian Federation), the plaintiff may appeal to the court with a tort claim.
Another characteristic that is inherent for limited property rights is the object. In this category, things are considered the main object. Also, a certain range of obligations of the debtor in relation to the creditor, which are expressed in a specific model of his behavior, can be attributed to the number of objects.
Another characteristic of this group is that the concept and types of limited property rights can be established exclusively by legislative means. A list of such can be found in article 216 of the Civil Code. This list is considered open and is not considered exhaustive, since it does not provide a full range of all possible limited rights in the sphere of handling things and property - some of them are presented in other laws of the federal level.
As for the content of rights, it can be regulated both with the help of the imperative and the dispositive methods. Peremptory prescriptions exist to regulate a certain list of powers that a subject of property rights can use. Such rights cannot be changed by concluding a contract. How is this expressed in practice? A striking example of this is the prohibition of setting restrictions on any form of alienation of property in the process of concluding a contract of sale.
As for the method of dispositive regulation, it is more characteristic of the obligation relationship. This means that, for example, in the text of a real estate lease agreement, the parties can establish any legal obligations between themselves.
Features
Like other categories of rights, they have their own characteristics and limited property rights. One of them consists in the fact that they all directly depend on the right of private property and bear a pronounced derivative character from it. Giving this type of rights to another person does not deprive the owner of the right to dispose of property, which is the direct object of property law.
As for the content of property law of the type in question, its significance is much narrower than that which has the right of ownership of the same property. At a minimum, this feature is clearly visible in that, for example, the tenant has no right to alienate property taken for temporary use in any way. From this, one can also distinguish another feature of this category of rights, which consists in the fact that the provision of property rights, taking into account the limited nature, does not deprive the property owner of the full range of property rights to it.
The right of economic management
This type of limited property law is very common in practice. It represents the right of individual state bodies, as well as municipal institutions, to use certain property provided to them on the basis of a transfer agreement. As a rule, this type of property includes buildings of state institutions, which are provided in limited possession to bodies, services, and organizations, as well as all equipment, appliances, furniture, and other accessories that are required by persons in the structure to perform their official and official duties in proper form.
The main feature of this right is that its carriers can be exclusively legal entities, and only in two forms: institution and enterprise.
Operational management
This is another type of limited property rights in civil law. By its nature, it has some features. The first is that the right to operational property management is a limited property right of legal entities, the role is exclusively played by state-owned enterprises. In practice, one can easily see that the rights of this type of enterprise are very limited, even if we compare them with the range of legal opportunities that are vested in unitary enterprises. So, for example, in order to alienate or dispose of property otherwise entrusted to its use, the state-owned enterprise is obliged to request the appropriate permission for this procedure from its owner and receive a positive answer to it.
As for the right to self-disposition, it applies only to all those products that the enterprise produces with the help of entrusted property, that is, to derivative products. However, this right may also be limited in the provisions of the law (regarding a certain list of objects) or contracts. Also, a state-owned enterprise , within the framework of the right of operational management granted to it, can independently dispose of property that it acquired with funds allocated according to the estimate.
As for the rights of the owner, who has a state-owned enterprise that uses property under the right of operational management, he has the right to seize that property that is considered superfluous, is used for other purposes, or is not applied in practice at all. He has the right to dispose of such things at his own discretion.
In legal practice, often there is another limited property law - independent disposition. However, most scholars in the field of jurisprudence consider it to be just a form of operational management law.
As for private institutions, they do not have the right to alienate property entrusted to them by the owners. Such a ban also applies to property that was acquired using funds specially allocated for this by the owner.
Lifetime Ownership
The considered category of rights can be found not only in the field of civil law. The ideal example of the content of such can be the sphere of land relations. In legal literature, this type of legal relationship in Roman law is called emphyteusis. It is characterized as the ability of a person to use the estate or land for a certain rent, ensuring its proper condition during the entire period of use.
In land law, limited property rights can be granted in the form of a person’s legal opportunity for inherited lifetime possession of a land plot. It can be extended only to those sites that are in municipal or state ownership. However, it should be noted that such an opportunity in our time is possible only for those people who legally issued such a right until 2001, until the Land Code was enacted, the content of which does not provide for this type of law.
What is the right of a citizen who owns a plot of land on such conditions? First of all, he can use it for its intended purpose, has the right to transfer all rights to it by inheritance (both possession and use), as well as build any type of real estate on this land, automatically becoming its owner. In addition to all of the above, a person who has the right of life ownership of land has the right to lease the land, both on a paid and free basis. Moreover, a person who owns such a plot with the right of inherited lifelong use can acquire it in the ownership of a private type.
The right of unlimited use of the site
The system of limited property rights also includes the legal possibility of permanent use of the land, which belongs to the category of municipal property or state. This right also belongs to the category of land, as well as what was mentioned above.
The main feature of this type of limited property law is the methods of its provision. It can be provided exclusively by state authorities or municipal authorities. As for this type of law, it is also granted to the owner of the building or any other real estate located on the territory of the municipal plot. However, in this case, the right of perpetual use for this plot cannot be granted - this is indicated in part 2 of article 30 of the Land Code of the Russian Federation.
What is the difference between inherited tenure and unlimited use? In the fact that in the second case, the user has a narrower range of rights and powers than in the first. So, in case of obtaining the right of unlimited use of a certain plot, a person can exploit it only for the purpose that is always indicated in the content of the act on the provision of land for use. The legislator allowed the independent use of such a site by a person who was granted this type of limited property right. The rights of the owner of such land can also include the ability to erect a building, as well as real estate of any type, subsequently becoming its legal owner. A perpetual owner also has the right to lease the land entrusted to him to other persons, both on a paid and free basis.
If necessary, and if there is a desire, a citizen who owns a plot with the right of unlimited use can acquire it in ownership.
Easement
The concept of easement has been known since ancient Rome, where this right determined the possibility of temporary use of land. In modern legal practice, it is a special type of limited property law and is defined as the legal ability of a person in a limited form to use someone else's real estate. This concept is widely used both in land and in civil law. A feature of the concept of easement is that it applies only to neighboring areas. It cannot be applied if a person plans to acquire such a limited right for a purpose that opposes the interests of the owner of the land (for example, to build a passage, road, etc.).
In order to establish an easement, persons are required to conclude an agreement between themselves of the appropriate content, in which all conditions for the use of the site will be spelled out. The owner of the land has the full right to demand from people who plan to receive land for use, payment for its use - the amount thereof is established by agreement of the parties, it must be reflected in this agreement. In the case of the provision of easement to a separate site, its owner does not lose his legal rights to dispose of it, as well as ownership and use.
The legislation distinguishes between two types of easement: private and public. In the first case, it is established by the rules prescribed in civil law, and in the second - by laws or individual regulatory legal acts. As a rule, public easements are provided in case of the construction of communications (roads, passages, driveways), the installation of signs or to determine the area around large natural objects, to ensure access to them and placement near them. All public easements can be established only to ensure the interests of society, while private easements are created only taking into account two parties.
As for the terms, the easement can be established both on an urgent basis and on an ongoing basis. Another peculiarity of the easement is considered to be the inherent right to follow, which means that even if the owner of the land is changed, the easement right will be valid for the entire period specified in the agreement.
Other
All listed property rights that are of a limited nature are fundamental. However, there are others besides them. Among them, one can single out the right to use housing by family members of the owner, pledge and deduction, as well as the right of a certain institution to manage income and property that were obtained in the course of conducting business activities, at its discretion - this possibility is regulated by the economic legislation of the Russian Federation.
Special attention in the law is given to the possibility of the actual owner of the property, who is not its official owner, however, despite this, he openly owns it as his own, and in good faith.
Pledge and Hold
The legal regulation of limited property rights of this type is carried out in accordance with the provisions prescribed in civil law. The articles of the Civil Code stipulate that a pledge may be established in relation to any thing, and not property law in general. A pledge may be taken by one party from the other in order to ensure the performance of a debt obligation. In the event that the obligation is not fulfilled by the debtor, then the property taken as a pledge may be realized through bidding in order to recover the necessary amount.
Among the limited property rights include the right of retention. It is characteristic of him that it can be established both in relation to real estate and to movable property. The content of this right consists in the possibility of ensuring the sale of things, regardless of the will of their owner, and for this, as a rule, coercive measures are used. In the course of the realization of such a right, the owner of a thing loses the right of private ownership to it.
What is not limited property right
The civil legislation of Russia provides for a system of property rights, which includes all these rights, as well as the right to private property, which is allocated in a separate category that does not apply to limited rights.
The right to private property will not be considered limited in kind, as it has significant differences from it, which primarily consist in the spectrum of a person's ability to use property. Analyzing legal practice, one can easily notice that the concept of property right is broader than a limited thing. This is primarily due to the fact that the second is derived from the first.
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