Property is considered as a definite relation of a subject or a group of persons to an object belonging to them, as to their own. Simply put, this concept is based on the differentiation of "mine" and "alien". Any form and type of ownership, no matter how high the degree of socialization in a particular case, can exist only if there is such an attitude to things. With this approach, any form of ownership can be called private.
Feature
Despite the fact that in the above definition the central place is occupied by the relation of one or several subjects, it is not the only sign of the category in question. Property cannot exist without the presence of other persons who would consider the thing not their own. In this regard, relations between individuals regarding material values also belong to the institution under consideration. One side is the subjects of property rights - the rightful owners. Other participants in the relationship are all other persons. The fact that a thing belongs to certain subjects involves the establishment of other specific duties. In particular, third parties should refrain from any encroachment on objects owned by other people, therefore, and not lay claim to the will of a person who is embodied in this material value. This, in turn, indicates that property is expressed materially in the form of a certain thing.
Important point
Property is considered a public relation. Without the understanding by other persons that a particular thing is alien, there would be no reaction of its owner to it as his own. The content of the institution in question is revealed when studying the interactions into which the subjects of property rights enter into with other individuals or their groups in the course of production, distribution, consumption and exchange of material goods.
Legal opportunity
For an objective determination of ownership, specific criteria that are inherent in it should be highlighted. The content of the institute is formed by the powers of possession, disposal and use, which are vested in the legal owners of things. They, as a whole subjective law act as opportunities for the conduct of a person legally provided. In some cases, a person cannot exercise his powers. For example, his property was seized or another person illegally seized it. In such situations, the subject is not deprived of the very power or property rights.
Possession
It represents a legally secured economic dominance over a thing. Moreover, there is no need for the person to be in direct contact with her. For example, the subject, leaving on a business trip, remains the owner of the apartment and the things present in it.
General classification
Possession of an item may be illegal and legal. The latter is called such economic dominance, which is based on a legal basis. It is also called "title". Illegal possession, respectively, has no legal basis. It is called "full-length." As a general rule, items are owned by entities that have the appropriate right. This circumstance allows us to proceed from the presumption of lawfulness when considering disputes concerning things.In other words, a citizen who owns property is supposed to have the right to possession before the contrary is proved.
The rules provide for another division of competence. In particular, illegal owners may be dishonest and bona fide. The latter shall be recognized as persons who did not know and should not have known about the illegality of possessing a thing. Accordingly, if the subject is aware of the illegality of possession, then it is recognized as unfair. This separation is applied in various situations. For example, when making settlements between the owner and the owner for expenses and income, when claiming an item through a vindication lawsuit, and also when deciding on the possibility of acquiring ownership by prescription. The courts in the investigation of cases investigate in the first place the circumstances of the appearance of a thing by a particular person.
Subjects of ownership
At first glance, the question of their definition is quite simple. For example, it is clear that the subjects of private property rights are people. However, if you study this definition in more detail, you can identify a number of doubtful points. Meanwhile, citizens can speak in various legal qualities. In one case, the owner of the thing will be an employee, in the other - an individual entrepreneur, in the third - the head of the organization. Citizens and legal entities have equal access to legal opportunities. However, they are implemented in different ways. This also applies to property rights. .
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Cases in which a citizen, acting as the owner, introduces the property into circulation, are divided into two groups. The first includes situations where the registration of a person as an owner is not required, to the second, respectively, those in which it is necessary. The first cases are those when a citizen is an employee, and also carries out economic activities that are not aimed at the systematic profit. Along with this, a person may own property that requires special registration (for example, real estate). In addition, a person may make transactions with his material assets. They are also subject to registration (for example, privatization). In these cases, the registration procedure relates primarily to the property itself or transactions with it, and not to the activities of the person. If the entity conducts its own business, it needs to register as an owner. However, he may be an individual entrepreneur or founder of the organization. In the first case, he will be the owner himself, and in the second - the legal entity created by him, even if he formed it individually.
Subjects and objects of property rights
The legal owner of any property, as it turned out above, can be an organization or a person. In addition to them, the Russian Federation as a whole, the subjects of the Russian Federation, as well as the Moscow Region are given this legal opportunity. The implementation of their legal capabilities has its own specifics. Subjects of state ownership enter into relations regulated by the Civil Code, on an equal footing with other participants - organizations and ordinary people. On behalf of the Russian Federation, state bodies can exercise the right of ownership. In certain cases established by law or other regulatory documents, special structures may be created that are authorized to implement this legal opportunity. Subjects of the Russian Federation own property owned by the Russian Federation. The implementation of their legal capabilities is carried out through the relevant regional bodies. Subjects of the right of municipal property have a certain independence. The property of Moscow Region is not recognized as federal. The Russian Federation may own any material assets.To them, including, include limited or withdrawn from circulation. Regional actors property rights dispose of any property other than that which is in the exclusive possession of the Russian Federation. As for the municipalities, they possess all material values belonging to rural and urban settlements, as well as other administrative-territorial units.