The owner has the right to dispose, own and use the property. At his discretion, the owner may carry out various actions against him that do not contradict the law or other regulatory acts and do not infringe on the freedoms and interests of others. This provision also applies to the alienation of property in favor of someone, the transfer of ownership (the owner does not lose his property rights), mortgaging, encumbrance by other means, disposal in any other way. The performance of certain actions, entry into property relations with other persons is carried out in the prescribed manner. In particular, the law provides for certain conditions under which the termination of the right of ownership takes place. The grounds, methods of alienation of property are different. We consider them further in the article.
Termination property rights: concept, grounds
Among the reasons why a person is deprived of the possibility of using, disposing of and owning property, it should be noted such as:
- Alienation in favor of other persons is the basis for the acquisition or termination of ownership.
- Destruction or destruction of property.
- Disclaimer of ownership.
- Loss of the possibility of disposal, use and ownership in other cases determined by law.
The system of grounds for termination of ownership provides only for the voluntary loss by a person of his property capabilities. However, the law provides for exceptional cases. In particular, one of the following events may serve as the basis for the forced termination of property rights:
- Foreclosure on property owned by a person for obligations.
- Redemption of mismanaged domestic animals, cultural property.
- Alienation of real estate due to land acquisition.
- Confiscation.
- Alienation of property whose ownership by this person is not possible by law.
- Requisition.
- Alienation of property in cases provided for in Art. 252, paragraph 4, 272, paragraph 2, as well as Art. 282, 293, 285 Civil Code.
The grounds for termination of the right of state ownership (or municipal) are the decision of the owner and the procedure provided for by the legislation on privatization. In this case, the property is alienated in favor of legal entities or civilians. In this case, the acquirer of the property right is obliged to reimburse the value of the object and other losses in accordance with the procedure provided for in Art. 306 GK.
Classification
The following categories are provided in the legal literature:
- Voluntary grounds for termination of ownership.
- Loss of the ability to use, dispose and own property due to objective reasons.
- Grounds for the forced termination of ownership.
The first category includes transactions of sale, gift, barter and other things. The destruction of one's own property also acts as the basis for terminating the right to private property. These cases include the process of consumption or processing of things. In these situations, the ownership of one property is replaced by it, but with respect to a different material value. A person may, of his own free will, refuse the ability to dispose of, use and own a thing. Loss as the basis for termination of ownership does not depend on the will of the owner of the thing.This can happen when property is lost. If at the same time some part of it is saved or waste, then the owner of the right to own them. Loss occurs when a thing is lost and after it is taken into possession, disposal and use by another person. This provision is prescribed in Art. 227, 228 Civil Code. In such cases, the grounds apply. acquisitive prescription and other situations established by regulatory enactments.
Seizure of property
The Civil Code contains a fairly comprehensive list of cases in which the owner may be deprived of his rights to the thing. All these options, however, should not contradict Art. 35, part 3 of the Constitution. It says that no one should be deprived of property, except by court order. In case of deprivation of the owner of property, the basis for termination of the right of ownership is the improper behavior of the owner. In addition, the law establishes that it is allowed to seize a thing from the owner regardless of his actions, if this is due to the interests of the country or society.
Nationalization
It represents the circulation of property that organizations and citizens have into state ownership. The Civil Code does not describe the reasons for nationalization. However, they are determined by the state interest and do not depend on the will of the owners. Nationalization is allowed subject to certain conditions. In particular, this basis for the termination of the right of ownership involves compensation for losses and property value in the manner regulated by Art. 306 GK. Nevertheless, the reference to this normative act does not fully comply with the requirements of Art. 35 of the Basic Law. In it, in particular, it is indicated that the compulsory deprivation of property of citizens and organizations may be carried out only on condition of equal and preliminary compensation. As you know, the provisions of the Constitution have an undeniable priority in comparison with other norms. This means that when adopting the Federal Law on the seizure of material assets from organizations and citizens (nationalization), its provisions should determine the procedure for equivalent, preliminary compensation for property. The norms also provide for compensation for the value of a share. After compensation, the owner loses the right to it. According to the court decision, the owner loses the opportunity to use, dispose and own the ownerless thing. The lawsuit is filed by the local government.
Renouncement
An organization or civilian may voluntarily withdraw from the use, disposal and ownership of property. Nevertheless, this action does not provide for the termination of the obligations and rights of the owner regarding the thing until the acquisition by another person of the right to own it. Refusal may come solely from a citizen or organization. This means that state and other authorities (municipal, regional and others) cannot withdraw from ownership of property belonging to them. Moreover, the law provides for the loss of the possibility of the latter for other reasons. Voluntary grounds for termination of ownership are realized in two ways. The owner can declare this directly or take actions that clearly indicate his intentions. The latter option is close, in fact, to such a thing as an “abandoned thing”. As mentioned above, the refusal does not imply the elimination of the owner from obligations to maintain the property. In addition, he is liable for damage caused to things by other persons, is obliged to pay tax.
Redemption of wealth
This ground for the termination of the right of ownership takes place in the case when the owner has in possession of things that are considered especially valuable or under the protection of the authorities, but which contain them ownerlessly. This, in turn, may lead to the loss of their special significance.By judicial decision, such property can be redeemed or sold at a public auction. In this case, the owner is reimbursed for the value of the property. In the event of a buyback, the amount of compensation shall be determined by the parties, in case of a dispute, by the court. The law does not stipulate the need for prior notification of the owner of an impending redemption. The law of 1978 defined a list of spiritual and material objects of particular value and of importance for the preservation and development of culture and history. However, the list is constantly updated. In this regard, the Law of October 9, 1992 determines that the list (composition of the cultural heritage of the country) is established by the Government on the proposal of the constituent entities of the Russian Federation and agreed with the Supreme Council in accordance with the conclusions of expert (independent) commissions.
Redemption of animals
This basis for the termination of ownership takes place in case of improper treatment of the owner with pets. If the attitude towards animals is recognized as clearly contrary to the principles of humanity, then they can be removed from the owner. The ransom shall be carried out by the person who has submitted the relevant claim to the court. The cost of a ransom in a controversial situation is determined by the judge. This provision provides for the protection of animals from inhumane treatment.
Requisition
In case of natural disasters, accidents, epizootics, epidemics and other circumstances of an extraordinary nature, property may be confiscated from organizations and citizens in the public interest in accordance with the decision of state bodies. In this case, the procedure for alienation must be followed, according to which the value of the thing (object) is reimbursed to the owner. The owner can challenge in court the amount of compensation (reimbursement) for the requisitioned property. Upon termination of the circumstances that caused the alienation, the owner has the right to demand the return of the right of ownership in court. This case differs from others in that it refers to emergencies, in which an urgent withdrawal of a thing from a person is necessary. The purpose of the requisition is not to suppress the actions of the owner, but to ensure security, save the property, destroy the source of infection, etc. In connection with this, the seizure is carried out administratively by appropriate decision without an equivalent preliminary reimbursement of the cost. This, in turn, is contrary to Art. 35 of the Constitution. The requisitioned thing shall be transferred to state ownership, transferred to the possession of special bodies. The conditions and procedure for the withdrawal shall be regulated by a special regulatory act. The valuation of requisitioned property may be challenged by the owner in court. According to the adopted new provision, the owner has the opportunity to demand the return of the seized item after the actions of the circumstances that provoked this fact have ended. The normative act does not determine the property relations of the parties in the return process.
Confiscation
The law provides for cases in which property may be confiscated from the owner free of charge. The basis of this action, entailing the termination of property rights, is a court decision imposing sanctions for committing an illegal act or other crime. In cases provided for by law, confiscation may be carried out administratively. Thus, the owner may appeal the decision to seize in a judicial authority. Confiscation is imposed as a criminal punishment for sentencing for crimes of special gravity and committed for personal gain. The seizure of property in this way is carried out only in cases that are provided for in a special part of the CPC.The property which is necessary for the convicted person or persons who are dependent on him is not subject to confiscation in accordance with the list established by the penal law.
Land
In the system of property relations, there is such a thing as "determining the order of use." In this case, this refers to the allocation with subsequent transfer to exclusive use and ownership of part of the common property. The same procedure is established for the land. The allocated and transmitted part has a specific size and boundaries. At the same time, individual fragments of land may or may not be kept in common use for passage or passage to the main structure or utility buildings and premises. The division of any property, in contrast to determining the order of use, when considering it in accordance with the norms of civil law, acts as one of the ways to terminate ownership. In this case, several independent new ones are formed on the basis of the object.
This provision can be fully attributed to land plots, which are real estate. In accordance with this, the allotment can be divided if it belongs to persons by right common property. When implementing these actions, it is necessary to take into account the particularities of the order established in the Land Code. One of them is that the allotment can be divided if it is divisible.