Grounds for termination of ownership. Acquisition and termination of ownership

This article discusses the concept and types of property rights. It also provides a detailed description of the list of grounds that may serve to terminate and acquire existing material obligations.

General Provisions

The concept of property right is considered in a subjective and objective sense. The institute of this legal category includes not only civil norms, it covers the whole legislation, which secures the regulating and protecting belonging of the benefits of the material world to specific individuals.

In other words, the concept of property right in an objective sense implies a diversified (complex) institution, in which the prevailing position is occupied by the norms of civil law.

Substantive liabilities in a subjective sense are presented in the form of the possibility of behavior permitted to a specific eligible person. In this case, it covers property law, which allows the holder to determine the nature and direction of use of personal property, thereby exercising absolute economic dominion over it.

Categories

Types of ownership:

1. State.
2. Private (includes property of legal entities and citizens).
3. Municipal (involves the possession and disposal of material goods of all communal entities).

By the number of owners, these types of property rights are distinguished:

1. Obligations that belong to one person.
2. Rights owned by two or more persons, including joint and shared ownership. In this case, shared ownership in some cases belongs to several persons, regardless of the form of use of the property.
3. Joint (common) ownership exists only between citizens.

This type of obligation is divided into categories based on the types of property that are movable and immovable.

Acquisition of title

Grounds for acquiring powers of disposal and ownership:

1. Creation of some new thing. The right of ownership that arises in relation to a new value made or created by a person for himself in compliance with all the requirements of the law shall be transferred to this person. The grounds for ownership of fruits, incomes or products obtained as a result of the use of material goods are acquired by an entity that disposes of such property legally. If other materials were used to make a new thing, the rights to it are transferred to the direct owner of these materials. In this case, the owner of the materials is obliged to reimburse the cost of processing to the entity that manufactured the new thing, exceptions will be considered when the price of processing significantly exceeds the cost of the resources used.
2. The right of ownership appears in the event of the conclusion of an alienation contract. This type of document includes a contract of sale, gift, barter, life maintenance or annuity. A common feature in such documents is the subject of the contract, that is, the fact of the transfer of property into the possession of another person on a gratuitous or reimbursable basis.
3. Inheritance acts as the basis for the occurrence, termination of ownership. The inherited property is transferred to the use of the heir only after the death of the testator.Legislation distinguishes inheritance by will and by law.
4. The appeal of publicly accessible things to use. When fishing, picking berries, or picking up other generally accessible items are permitted, legally, by a general permit issued by the owner, or in accordance with established local customs, in reservoirs, forests, or in another territory, the person directly carrying out the fishing acquires the right to property or collection.
5. Acquisition of the right to ownerless things. Such a group of grounds should include finding lost values, acquiring abandoned property, finding a treasure, etc. In such cases, a certificate of ownership is subject to mandatory registration.
6. Succession in progress reorganization of a legal entity. In the process of reorganization, the right to property passes in favor of legal entities - successors of the reorganized institution.
7. Transfer of ownership to another person, on the basis of loss of authority of the direct owner.

The last group of bases includes:

• the acquisition of rights in the course of foreclosure on obligations;
• redemption of ownerless cultural property;
• alienation of property if, by virtue of the law, a person cannot exercise ownership rights over it;
• privatization as well as nationalization;
• confiscation.

Termination of obligations expressed in the possession and disposal of property at the behest of the owner

Acquisition and termination property rights presented in the form of legal prerequisites and the results of a full-fledged property turnover. This type of legal relationship changes, arises and terminates in the event of the existence of legal facts, considered as grounds for termination and occurrence of use rights.

Theorists have attempted to classify concepts such as the acquisition and termination of property rights. The regulation of all known grounds for the termination of material obligations affects the direct provision of the complete inviolability of all types of material values ​​of legal entities and citizens. The group of such grounds may include the alienation of property in favor of other persons, which acquires its legal significance only after documents on the right of ownership have been re-issued to another subject of law.

The refusal of the owner of his personal possession manifests itself in various forms that have a common similarity, presented in the form of legal consequences. Thus, ownerless things must be taken into account by those authorities that register the legal rights to real estate and require the recognition of the subject as the owner of the municipal economy.

Alienation of property under a contract

The grounds for termination of the right of ownership under the contract is expressed in the form of a legally significant document that secures acceptance certificate of material assets from one person to another. Things pass into possession to the person only after preliminary individualization, which allows you to distinguish them among the mass of the same type of property. Individualization occurs at the time of transfer of values ​​from the owner to the acquirer. With regard to things that have certain individual characteristics, the transfer of property obligations refers to the moment of signing the contract.

The system during which the transfer of ownership is carried out at the time the contract is drawn up is called the agreement system, and at the time of the direct transfer of the thing - the transfer system. Obligations on property values ​​of the acquirer arise from the time of transfer of material assets, when other cases are not provided for by the contract or the law.

The transfer of personal property requires the following:

• execution of legally significant documents (certificate of ownership);
• coincidence of the will of the recipient and owner regarding the transfer of dominance over the thing;
• the owner’s authority to transfer his rights.

Termination of property rights during the reorganization, liquidation or privatization of a legal entity

When carrying out a process aimed at the privatization of property that was part of municipal and state ownership, ownership and disposal obligations are transferred to other business communities, as well as to individuals. The privatization of all types of municipal and state property constitutes an onerous alienation of state obligations for the possession and use of material assets in favor of a private individual.

The emergence and termination of ownership is carried out in the following ways:

1. Sale of shares that were created during the privatization of OJSC, to their employees.
2. Transformation of municipal as well as state-owned enterprises into OAO, in which 100% of the shares are in state ownership.
3. Sale of state property in the course of a commercial competition with special or investment conditions.
4. Alienation of state property.
5. Redemption of municipal or leased property.
6. Selling at auction.
7. Contribution of property under the guise of a contribution to the capital of legal entities.

Forced withdrawal without the participation of the owner

The grounds for termination of the right of ownership may be expressed in the form of compulsory seizure of property, which is allowed in cases:

• alienation of real estate during the seizure of land;
• a ban on possession and disposal, which is expressed in the address of the owner;
• acquisition of rights to real estate, which is located on a foreign land and is subject to demolition;
• seizure of a land plot that is used in violation of the law;
• redemption of cultural property that is ownerless;
• nationalization by virtue of the adoption of the relevant law;
• requisition of property;
• redemption of a plot of land for municipal or state needs based on a court decision;
• payment of compensation to a person as a subject of shared ownership;
• sales of ownerless residential premises by court order.

Forced reimbursement of property from the owner

The grounds for termination of the right of ownership on a reimbursable basis include the redemption of ownerless property. If ownerless things do not carry any significant value, and their treatment does not contradict the interests of others, legislative alienation will not be carried out.

With regard to the forced seizure of property, we can conclude that:

• termination of land obligations is carried out in court proceedings;
• termination of the prevailing rights is applied in case of unlawful use of land (in the form of inaction or action);
• the compulsory deprivation of the subject of the possession of land does not exclude the obligation to compensate for the damage that was caused to the land plot.

Requisition - a special case of forced seizure of property. Requisition is characterized by:

1. Forced alienation.
2. Seizure of property from its direct owner.
3. Deprivation of ownership of a person in the presence of a good reason, for example, natural disaster, epidemic, accident, etc. The motive for withdrawal is the interests of society.
4. Mandatory reward.
5. Coercion occurs by decision of state bodies.

Forced gratuitous seizure of personal property

The grounds for termination of the right of ownership on a gratuitous basis involves the recovery or confiscation due to accumulated outstanding debts.

The first basis for the seizure of a thing is the collection of obligations, which is carried out on the basis of a court decision.

Another procedure for the execution of recovery in some cases is provided for by law or contract.An example of such activity is the withdrawal of a loan under a contract on the basis of a notarial executive signature.

The legislator pays special attention to the period when the right to own and dispose of property ceases. This moment coincides with the time of the occurrence of the material obligations of the second person. When collecting, one must take into account the entire list of property of legal entities and citizens, in order to find out what things confiscation does not apply to. It makes sense to pay attention to the seizure of pledged values, since the pledge is considered a security obligation in which the lender has the right to receive certain advantages over other persons.

Collection of pledged property is carried out in connection with a court decision and is carried out on the basis of a notarial executive inscription. Satisfaction of claims at the expense of pledged values ​​without a court decision is allowed on the basis of a notarial agreement of the pledge holder.

According to the court, the penalty is applied in three cases:

• the subject of the pledge are things that have significant artistic, historical or other cultural value;
• for the execution of the contract, permission or consent of another body or person was required;
• the mortgagor is absent, and its location cannot be established.

Conclusion

Based on the data that were set out above, such methods of termination of property rights are legislatively fixed:

1. Gratuitous, as well as forced seizure from the owner of his personal property.
2. Forced seizure of property without the participation of the owner.
3. Compulsory forfeiture of property rights from the owner.
4. Termination of ownership during the reorganization, liquidation and privatization of a legal entity.