The concept and content of property rights

The concept and content of the property right presents some difficulty in understanding when considering it in the civil rights system as absolute (protected from other entities) and giving its holder sufficiently broad powers to economically own the object of property law.

One of the key characteristics of a property right is that it is considered a subjective right . It provides a certain authorized person with the opportunity to behave in relation to the subject of law in a certain way in accordance with the provisions of the law.

The right of ownership corresponds to the obligation for all third parties not to intrude into the relations of the owner and his property and in no way prevent the owner from exercising his right.

The concept and content of the right of ownership establishes the provision to the right holder to determine the nature of the use of the property to which this right applies, to exercise economic domination over it and to allow other persons to use it at its discretion.

The concept and content of the right of ownership implies the ability of the rightholder to use and dispose of his property at his own discretion and in accordance with his interests, while assuming the risks and obligations of its maintenance.

The owner of the property exercises his right through such concepts as possession, disposal and use.

The right of possession is a legally fixed opportunity to have property in actual (economic) possession.

The right to use is the ability to use for economic purposes, to exploit property, extracting useful properties from it. The use of property in some cases is directly related to the right of ownership, since it is possible to use property, as a rule, only by owning it actually.

The authority of the order implies the possibility of independently determining the further fate of a thing by changing its affiliation, purpose or condition (destruction, donation, inheritance, sale under an agreement, etc.)

The concept and content of property rights is based on the concept of property. It can be in various types of ownership (private, state, municipal). State property is divided into federal property and property of individual subjects of the Federation.

State property in Russia is property that, by right of ownership, belongs to the subjects of the Federation: territories, republics, cities, regions, districts. This also includes the concept of land ownership . Any land and natural resources that are not privately owned by citizens, municipalities or legal entities are considered state property. State property is land recognized as such by federal law; the ownership right to which the state obtained while delimiting state ownership of land; which the Russian Federation acquired on the basis of civil law.

It is necessary to distinguish between subjects and objects of property rights . The subjects of this right are the owners of the property - any individuals, legal entities (with the exception of unitary enterprises and institutions that are financed by the owners), municipal and state entities.

The objects of property rights can be property complexes, buildings, enterprises, mining allotments, materials, land, equipment, structures, money, raw materials, securities, any property of consumer, industrial, cultural, social and other purposes, products of creative or intellectual labor.

Source: https://habr.com/ru/post/G16864/


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