Today we have to consider the right of ownership in an objective and subjective sense. In addition, we will try to find out all the features of this component of people's lives. How to get a license? What are they all like? All of this will be fully explored. If you study the current legislation well, then there will be no problems with understanding property rights. Everything is extremely simple and clear. Especially in relation to registration of property rights.
About the concept
It is customary to separate the concept of property right in an objective and subjective sense. Only in this way will it be possible to fully understand the topic under study.
Such a separation is connected with the fact that the right of ownership can be viewed from different angles. This is quite normal.
About subjective concept
The concept of ownership in a subjective sense is an absolute right. By it are meant the powers of the owner, which allow him to dispose, own and use the property assigned to him.
Moreover, the absolute right is provided due to the fact that the owner of the property is in relations with an infinite number of persons who are required not to violate the property rights of the owner of the object.
In other words, this is a certain tactic for the behavior of a citizen who is listed as the owner of the property. This also includes the ability to demand specific behavior from outsiders. But only in relation to property owned by man.
About the objective concept
But that is not all. There is another interpretation of the rights mentioned. The concept of property right in an objective sense is a set of legal type norms that govern social relations for the appropriation of material objects. This also includes material goods.
These very norms allow a person to use, own and dispose of an object. These components are limited only by applicable law. Other people cannot limit the ownership of a third party.
About eligibility
Now it’s clear what land ownership is in an objective sense. Consider what it consists of.
Earlier it was mentioned about the competences of the studied rights. These are its peculiar components. Without them, ownership simply does not take place.
Under current law, the powers of the owner of the property include:
- use;
- disposal;
- possession.
Further we will consider these components in more detail. In reality, everything is simpler than it seems.
About ownership
What is ownership? This component plays an important role. But not every person is familiar with this concept. More precisely, not everyone is able to correctly interpret it.
Owning means actually having the right to use property. Ownership is divided into legal (according to established legal norms) and illegal.
In turn, illegal possession is divided into intentional (if the person knew about the violations) and bona fide. In the second case, the citizen does not suspect that he is not the owner of the property.
About use
The concept and content of property rights have many features. The powers of the owner of an object allow you to use it. What does it mean?
This is the name of legal support for the possibility of deriving benefits and useful properties from property. That is, the use of the subject for their own purposes.
About disposal
An order is another important component of property rights to an object. This competency should be given special attention.
As we have already found out, ownership in an objective and subjective sense implies adherence to rules and regulations that are legally binding. The order is closely related to them.
The thing is that this describes the ability of the owner of the property to determine the legal fate of his property. The owner is able to destroy his things, make transactions with them and even exchange. Or use at your own discretion, but without violating the current legislation of the country.
About ownership
The ownership right of legal entities in a subjective sense is the ability of organizations to exercise the three powers of the owner in relation to certain objects. There is nothing difficult or incomprehensible in this.
In Russia there are several forms of ownership. Namely:
- private;
- state;
- municipal.
In addition, the property may belong to only one person or several. Property is shared, joint, personal.
Kinds
All things belonging to citizens in Russia can be divided into 2 large categories. Namely, on movable and immovable property.
Ownership is almost completely studied by us. And with the powers of the owner, too, it became clear. And what is meant by movable and immovable property?
The first component provides the concept of all things and objects that can be moved. For example, about cars. Real estate are called immovable objects. It is customary to relate to them:
- apartments (and rooms);
- houses;
- cottages;
- garages and parking spaces;
- any premises and structures (including incomplete);
- the ground.
As a rule, property rights to "real estate" are subject to registration. But more on that later. First, a few words about how the owner can acquire the object and determine its legal fate.
About disposal methods
The ownership right in Russia (and not only) provides for several components called powers. And among them the order stands out. What exactly is allowed to the owner to do with his property?
He can him:
- give;
- exchange;
- to share;
- bequeath;
- to sell;
- use as collateral;
- to lease;
- destroy or destroy.
All of these are legally important transactions. They do not contradict the current legislation.
On methods of acquiring property rights
There are many methods for acquiring the rights under study. Much depends on life circumstances. However, almost every citizen will face the following operations.
How to acquire property rights by law? You can acquire them through the following property transactions:
- create;
- buy;
- receive as a gift;
- accept by inheritance;
- to issue when exchanging property;
- to win;
- receive as a subsidy from the state;
- privatize.
In fact, it is impossible to predict the exact method of obtaining this or that property. Most often, people buy property (including credit) or inherit it. Next come gifting and privatization. Other transactions are not so common.
About registration
The ownership of land in a subjective sense is the ability of the owner to use the land as he wants, guided by law. For example, planting plants, building a house or renting out. In any case, before making certain transactions, a citizen must first register his rights. Without this, proving them will be problematic.
Registration of property rights is usually provided for real estate. It should be done no later than 10 days after the appearance of these same rights. There are no penalties for delaying time.
Ownership rights themselves arise even before their state registration. But in Russia, up to this point, legal transactions with property will not work. After all, it is impossible to prove the fact that a citizen is the owner of the object.
Where to register?
Some are wondering where the registration of property rights takes place. Usually it is made in the State Register or in the cadastral registration chambers. Recently, such a service has been provided by Multifunctional Centers, Single Window Services and My Documents agencies.
Remotely register ownership does not work. But you can apply for the issuance of a certificate of the established form through the website of Rosreestr and through the portal "State Services".
What is required for registration?
Registering ownership is pretty easy. The owner must take with him to the listed organizations:
- passport (and constituent documents - for organizations);
- title documents (contracts, will, testimony from a notary public, judicial opinions);
- statement.
If we are talking about the registration of property rights of a legal entity, then a power of attorney for the representative may be required. She will have to be certified by a notary.
Summary
We studied the concept and content of property rights. As you can already see, almost every adult comes across these features.
The right of ownership in an objective and subjective sense will also no longer cause difficulties. The exact definition of this term has been fully disclosed by us. Now everyone can not only decipher the concept of property rights, but also carry out their registration.