Acquisition of ownership.

In an objective sense, the concept of "property right" is a diversified or complex institution that combines the norms of different branches of law (criminal, constitutional, administrative, civil). This institute covers the whole set of norms that establish the principles of belonging of a particular property to specific, certain persons, regulating and protecting the belonging of various material goods to precisely defined persons. Such an economic category as property accompanies humanity along the entire path of its development.

Currently, literally every thing belongs to someone, that is, it has an owner. And he owns the powers in this possession, as well as the disposal and use of his property. But in order to freely exercise the powers that are granted to him, the owner must be sure that he has the right of ownership. The acquisition of ownership also gives such confidence.

In order for the civil turnover to be stable, it is necessary to clearly determine what methods and grounds the acquisition of property rights has. They are legal facts and the list summarizing them is defined by law. The grounds for the acquisition of property rights can also be called property titles. Title ownership is such ownership of a thing that is based on any legal basis, and it follows from the corresponding, specific title, that is, a legal fact. Property titles are acquired in many ways.

The initial methods of acquiring ownership do not depend on what rights the previous owner had for a particular thing. This group also includes those cases in which we are talking about things without a previous owner. The initial methods are divided into: the manufacture (creation) of a thing on which no one had previously established ownership rights and could not by definition; processing, collection, extraction of things generally available for these purposes; unauthorized construction (under certain conditions), and you can also become the owner of ownerless property.

Derived methods of acquiring ownership are those by which ownership of a thing arises solely at the request of the previous owner. This usually happens by contract. Production methods include: the acquisition of property rights on the basis of any transaction or agreement on the alienation of things; in succession when a legal entity is reorganized; by inheritance in case of death of a citizen.

The acquisition of ownership in two different ways has a different result. For example, with derivative methods, in addition to the will of the owner, one still needs to consider whether other persons have rights to a particular thing. They can be a tenant, a mortgagee, and so on. Thus, the property of the new owner becomes encumbered with these rights. But the original purchaser of the item is not constrained by any such restrictions.

It is safe to say that the difference between derivatives and initial methods of acquiring ownership is reduced to the presence or absence of succession. Many entities can use many methods of acquiring property rights by law, but there are also special ways that only certain subjects of civil law are allowed to use them. For example, confiscation, nationalization, audit serve as the basis only for state ownership, collection of duties and taxes - also municipal property.

Source: https://habr.com/ru/post/G13893/


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