The division into liability and property rights is one of the most important classifications in the structure of civil rights. The second indicate belonging to specific subjects of bodily property (things).
Unlike obligations, property rights are considered a category of absolute law. The copyright holder is opposed by a circle of subjects (unlimited). At the same time, opposing entities must not violate the proprietary rights of their holder. Legal entities always include individually defined property. Property rights are recognized if they are provided for by the existing national civil law system.
Fundamental is ownership. It is considered absolute. Other types of property rights come from it as derivatives.
Along with the right to property, the following rights are recognized for persons who are not owners:
1. The right to lifelong use of inherited land.
2. The right to permanent (unlimited) use of the land.
3. The right of easement. This concept implies the limited use of someone else's property (land). This right may be permanent and urgent.
4. The right to economic management and operational management of property.
In accordance with the first paragraph, a citizen can indefinitely (for life) use the inherited land allotment. In this case, the law involves not only the possession, inheritance and use of land, but also the right to development. It consists in the construction on an appropriate allotment of structures, immovable objects, becoming the property of a citizen (developer). This right, if acquired before the adoption of the new Land Code, is reserved for the heir. According to innovations, this category of rights is excluded.
In accordance with the second paragraph, land plots that are in municipal and state ownership are provided to legal entities or individuals. The basis for this is the decision of the municipal or state body that is authorized to provide land for the above use. According to Article 20 of the Land Code, municipal and state institutions, federal treasury enterprises, bodies related to local self-government and state power are granted perpetual (permanent) use. Land is not provided to citizens for perpetual (permanent) use. At the same time, citizens who have the right to unlimited use of land allotments can acquire them in ownership.
Property rights to land also imply the provision of building rights. It consists in the possibility of building on an appropriate land allotment of buildings and other immovable objects that become the owner of the developer.
In addition, the rights of pledge, use of living space by members of the family of its owner are recognized as property rights. There are also persons who are not owners, but who openly, conscientiously and continuously own property as their own. Such citizens are vested with the right of the actual owner. There is also the right to establish independent management of property and income received as a result of permitted activities in the business sector.
The above rights are limited.
It should be noted that the concept of ownership of property did not immediately take root in the legal system. Moreover, according to experts, they have not yet been compiled into a sufficiently coherent structure.