Types of ownership

The right of ownership, as a section of subjective civil law, is the ability of a person, at his own discretion, of his own will, in his interest and within the limits established by law, to use, dispose of and own the property belonging to him, while taking on the risk and burden of its maintenance. Forms and types of property rights, as well as the concept and types of property rights are also important topics in this area. But let us consider in detail the topic "types of property rights ."

The subjective right of the owner is revealed through the triad - use, possession, disposal. It is the most complete constitutional right to a thing. The owner can, at his discretion, dispose of the thing: change it, improve it or ruin it, even destroy it. Only the owner can own all the fruits of a thing. It can violate all attempts of a third party to interfere in their “relations” with the thing. In relation to the term property, we cannot use any kind of temporary boundaries, because property does not recognize time, it is unlimited. If for some reason the owner loses his right to own a particular thing, then this thing will certainly be confiscated from him. For example, if the subject mortgaged his apartment and in the future could not pay the amount assigned to him, his apartment will be confiscated from him in accordance with the constitution of the Russian Federation. The term “authority” means the right to own property. Ownership can be considered in two categories - the objective and subjective sense. Objective is a set of legal norms. It includes not only civil law, but also all the rules of law, the function of which is to consolidate, regulate and protect the ownership of tangible property of the subject. That is, as we have already noted, they include not only civil law rights, but also some prescriptions of a constitutional and administrative nature, as well as some criminal law rules that establish and confirm the property belongs to a certain person. In other words, the right of ownership in an objective sense contains a complex of rights, among which civil law is predominant.

The right of ownership in a subjective sense is the possibility of certain behavior that is permitted by an authorized person by law. In its legal content, it is wider. It enables the owner to decide how to use, use the property belonging to him. The right of ownership provides the same rights to all owners, differences can only be in particular cases or if one entity is a civilian and the other is legal.

Types of property rights are divided into the following sections: property of a legal entity and civilian, as well as property of constituent entities of the Russian Federation and federal property can also be referred to as types of property right. There are several ways to classify property by type: according to one of them, classification does not go beyond the limits of one form, or it covers all forms at once. For example, Common ownership, i.e. it belongs to two persons at the same time, can be divided into the following groups - shared and joint. In common joint ownership, relations between owners are more trusting than in shared ownership. These relationships can only be between citizens. Sharing ownership of species may also depend on what kind of property is involved. It does not matter with what classification the types of property rights were identified, it is important that they are called upon to provide knowledge of the essence of phenomena to be known.

Thus, we presented to your attention the article "Types of ownership". You can familiarize yourself with this topic in more detail by clicking on the link below.

Source: https://habr.com/ru/post/K7420/


All Articles