Today, the objects of civil rights are the benefits of tangible and intangible nature, in relation to which the corresponding legal relations are developing. What does it mean the concept of property in civil law? What is the classification regarding this issue? Are there any problems related to property complexes? You can find answers to these and other questions in the process of studying this article.
The concept of property in civil law
As it turned out, property is an object of property rights. How does civil law define this term? In accordance with Article 128 of the Civil Code of the Russian Federation, property concept based on certain types of civil rights: things, including money and securities; other property complexes, including property rights; works and services; information (as intellectual property); intangible benefits.
From the above list it follows that the term in the broadest sense covers things, property rights and, of course, similar obligations. Why is it so important to determine the term relevant in the article competently in terms of specific legal relations? The fact is that property concept It is collective in nature, it is as diverse as possible with respect to its composition.
Modern interpretation of the term
Today, property can be interpreted as one thing, and as a combination of them. Thus, articles 301-303, as well as 305 of the Civil Code of the Russian Federation, which primarily provide for protection methods with respect to property rights and other rights of a proprietary nature, provide interesting facts. Concept of property It is equivalent to a thing or a certain number of things that have been disposed of directly from the owner or individual vested with the right to life tenure by virtue of inheritance, farming or management, only if these property complexes are exterminated from someone else's possession.
In a different sense, the term considered in the article also extends to things and property rights. For example, in the third paragraph of article 63 of the Civil Code of the Russian Federation, property of a legal entity subject to liquidation, which is sold in accordance with the rules of public bidding, includes both things and property rights. Concept of property it is determined in a similar way when it is said about the responsibility of a business entity for its obligations to creditors by absolutely all property complexes that belong to it on the basis of property rights. It is important to add that the last example is directly related to such a field of civil law as law of a binding nature.
The concept of real estate in civil law
Law enforcement practice suggests that the question of the concept of real estate today, one way or another, is in need of serious study both in scientific and in legislative terms. First of all, such a claim is directly related to the exclusion of unity in relation to views in theory, which relate to signs that form the basis of the term, criteria for classifying a property variety as immovable, and so on. So, "real estate" has long been featured on the pages of scientific and legal publications. There is simply no single view of the interpretation of this concept today.In fact, this is not so scary. The horrifying thing is that the criteria that directly determine real estate.
Definition of a concept
Domestic scientists define the concept of real estate as a set of objects, the movement of which without visible damage in terms of their purpose are excluded, as well as other objects related to real estate through a direct indication of the law. So, in modern times real estate is recognized, for example, state property: plots of land, subsoil, structures and buildings, as well as air and sea vessels. Based on the foregoing, it should be noted that today the understanding of real estate in civil law is an important aspect of legal science in general.
Actual issues of dividing property into movable and immovable
In accordance with Russian civil law, it is customary to divide property into movable and immovable. The second paragraph of Article 130 of the Civil Code of the Russian Federation refers to movable property complexes absolutely all things, including cash and securities that are not real estate. In accordance with the general rule, rights to movable property are not registered directly, unless otherwise provided by law.
The law may establish registration confirming the right to state property. As a rule, this practice is related to transactions with respect to certain types of movable things in accordance with paragraph two of Article 164 of the Civil Code of the Russian Federation. A vivid example of this is the somewhat limited in terms of turnover things. Only then does the registration act play a legal role, and also affects the reality of transactions with these objects. Such registration should not be confused with the technical, according to which, for example, vehicles or weapons for shooting are registered. It affects exclusively the exercise of certain civil rights, but not their formation, addition or termination at all.
Property Classification
In accordance with Article 130 of the Civil Code of the Russian Federation, some types of property immovable nature:
- Real estate objects that are immovable in accordance with their own nature. This should include, for example, land or water bodies separately.
- Objects, physically motivated by nature, but legally classified as real estate. These may include, for example, property of a citizen: ships, space mechanisms and so on.
- Objects that are firmly connected with the ground, the movement of which entails disproportionate damage to their purpose.
What's the question?
As it turned out, use of property the latter category inappropriately can cause adverse effects. Practice shows that the assignment of property complexes in the first and second groups of real estate, as a rule, does not cause big difficulties. Similar operations with respect to the third group today are quite problematic and raise a considerable number of questions. In accordance with Article 130 of the Civil Code of the Russian Federation, a qualitative qualifying attribute of real estate is exclusively land connection, which is durable, as well as the impossibility of changing the location of certain objects in connection with their purpose.
Why so types of property differentiate so hard? The fact is that the problem of the strength of the bond between the structure of the object and the ground is not solved in principle. The final decision primarily depends on the circumstances in relation to each case individually.
Signs of property valuation as real estate
AT Federal Law on Property It is said that to describe the enclosing group in the context of a strong connection directly with the land and the movement of objects with the onset of disproportionate damage to their direct purpose, some sets of signs for assessing property complexes as immovable should be highlighted:
- The legal group proceeds from the connection of the land and the real estate object, as well as from the qualifications of this object in relation to regulatory documents.
- Evaluation group is to assess the value of the object at various stages in terms of time.
- The technical group directly connects the object with the earth and characterizes it in a technical aspect.
Criteria for classifying property as real estate
To date, in legislative acts there is no classification of an object as real estate. So, it is necessary to highlight some criteria regarding the classification of property complexes as real estate, among which the main one is “property ownership ” ground (inextricable connection between them).
So, in the literature of a legal nature, it is customary to distinguish two main provisions on this subject. One of them suggests that the issue of real estate is a legal concept, not an actual one. The opposite opinion is expressed by V.V. Vitryansky: in order to recognize a thing as immovable, it is necessary only to have its strong connection with a certain land plot and the exclusion of movement without incommensurable damage to its immediate purpose. It should be noted that these provisions on communications of a durable nature cannot be determined only by a time factor. The Civil Code of the Russian Federation, which regulates the institution of real estate, does not include an indication of the temporality of a strong connection. That is why, with regard to law enforcement practice, in the process of solving the corresponding problem, the standards of the public branch of law prevail, which clearly do not want to recognize temporarily installed structures as real estate objects, regardless of the strength of their connection directly with the land.
What objects should be attributed to real estate?
In addition to the inextricable link between the land and the property, today the following criteria are known for classifying property as real estate:
- The ability to perform certain functions by this object in the same order even after changing its position in space.
- The impossibility of consuming things, individual certainty and absolute indivisibility.
- The purpose of things in technical terms.
- The assignment of an object directly to a number of capital buildings (it should be noted: when building for a certain period of time, the object should not be classified as real estate).
- The ability to bring to the object of communications stationary nature.
- Features of the manufacturing material of the object, in accordance with which a collapsible structure must be attributed to real estate.
Real estate examples
As it turned out, real estate has a special position in relation to civil turnover. In accordance with the norms of the current legislation of the Russian Federation, the following items belong to real estate:
- Plots of land.
- Bosom.
- Water bodies in a separate aspect.
- Forest areas.
- The plantings of many years of nature.
- Various buildings and structures.
- Non-residential premises.
- Homes intended for living.
- Some parts of the living quarters.
- Apartments or their parts.
- Other residential premises in certain buildings, which are suitable for both permanent and temporary residence.
- Garages and other buildings of a consumer nature.
- Enterprises in the role of property complexes and so on.