In Russia, almost every citizen is confronted with the concept of ownership. In an objective sense, this term is interpreted not quite clearly. And subjectively, he appears before the population in a more understandable form. The features of ownership will be described below. What to look for? What components are included in this concept? Let's get it right.
Objectively and subjectively
The term under study, as has already been emphasized, can be interpreted in different ways. For example, subjectively. In this case, property rights mean the right of a particular person to exercise the powers of the owner. That is, a citizen can use, own and dispose of his things as he wishes.
Objective right in an objective sense is a set of legal type norms that ensure relations in society regarding the appropriation of products and material goods and means for the disposal, use and possession of them. In other words, this is the legal legislation of the Russian Federation.
About eligibility
It is important to remember that ownership consists of several points. They are called powers. The totality of legal norms allows owners to carry out certain operations with their property.
It is customary to include ownership, disposal and use of authority. There are no more components in this area.
Property Ownership
Objective right in the objective sense is, as we have already found out, the whole institution of property law. It is the most complete of all existing. The owner can own his thing.
This describes the physical possibility of the sale of property. Man, as it were, rises above the object.
Use
The next component of ownership is use. Each owner has the right to receive benefits and useful properties from his property.
In addition, the right to use may be granted by the owner of the property to third parties. Their circle and rules of conduct regarding property are determined by the owner himself.
Order
The emergence of ownership occurred a very long time ago. Since then, people have allocated certain powers that each owner has. An extremely important component is the order.
This is a person’s ability to determine the future legal fate of property. The owner can sell or destroy his thing, break, give, bequeath, and so on. The main thing is that the order does not contradict the current legislation.
Appearance and termination
What is ownership? Owning, using, disposing - this is how the powers of the owner are described briefly and clearly. There is nothing difficult about this.
The right of ownership appears after legal transactions involving the acquisition of the corresponding right. That is, things or other material goods.
The termination of the right of ownership usually takes place during transactions on the alienation and transfer of property to other persons and organizations. In addition, it disappears after the death of a citizen. At this moment, the relatives of the deceased have inheritance rights, which subsequently become property rights.
Acquisition Methods
What else should everyone remember? The emergence of ownership is different. There are only 2 categories in this area - the initial acquisition and derivative.
Primary means the process of obtaining property into property without re-registering property from one owner to another. For example, the creation or appropriation of orphaned items.
Derivative acquisition of property rights are legal transactions that transfer powers from the owner to the owner. It is this alignment that occurs most often in practice.
About derivatives
What can be attributed here? Predicting is pretty hard. But in general terms, derivative methods of acquiring property rights are described as follows:
- purchase;
- exchange;
- winnings;
- privatization
- receipt of gift contracts;
- inheritance;
- mortgage registration.
All this, as you might guess, deals with a certain legal force. Subject to the current legislation of the Russian Federation, it will be possible to conduct them without problems. After the transfer of ownership, you have to go through the procedure for registration.
About registration
The protection of the rights of the owner cannot be carried out if the citizen does not prove his rights to the property. Usually for this you have to go through the registration procedure. At the end of the operation, the owner will be given a certificate of the established form. It will indicate human rights in relation to a particular object.
As a rule, compulsory registration of property rights takes place in relation to any real estate. An operation is being performed at the MFC or at the State Register. This also includes the cadastre and cartography chambers, as well as the State Services portal.
Since 2016, instead of certificates of ownership, a person is issued an extract from the Unified State Register. This document will help indicate that the citizen is the real owner of the property.
About types of rights
It is important to understand that property rights are different. They depend on who owns the property.
The following types of property are distinguished:
- municipal;
- state;
- private.
The right of municipal property in the objective sense is legal norms that consolidate property relations for the appropriation of things, means of production and consumer goods. This includes various branches of law - from civil to financial. The host is the municipality.
State ownership belongs to the state, and private ownership to individuals or legal entities. Everything is extremely simple and clear. In Russia, it is possible to transform municipal or state property into private. For this there is such a thing as privatization.
In count
We found out when the termination of ownership came. And in what situations it arises too. It is important to understand that there is another type of property classification.
For example, among it there is a separation according to the number of owners and the form of ownership. You can be the sole owner or share the property in shared form or joint.
As a rule, property in this case is distinguished:
- shared;
- joint (common, without allocation of shares);
- personal.
The complexity of carrying out legally significant operations with an object will depend on the number of owners.
By movement
Property is also movable and immovable. State registration of rights, as we have said, is usually required upon receipt of real estate.
The movable includes everything that can be moved - furniture, money, things, equipment and even cars. To immovable - that which stands firmly in place and is not subject to movement.
In the latter case, we can distinguish:
- apartments and rooms;
- cottages and houses;
- constructions and buildings;
- plots of land.
Accordingly, if a person receives any of these objects, then he must register his rights.
Legality
It is clear what constitutes ownership in an objective sense.Owning property is legal and illegal.
If legal possession is implied, then the citizen complies with applicable legal norms and the basis of legislation. Illegal possession violates laws.
At the same time, illegal possession is bona fide and unscrupulous. What does it mean? The first term describes a situation where a citizen did not know or should not have known that he did not have any rights to the object. That is, a violation of the law is unintentional. Over time, bona fide illegal possession can be transformed into legal. This requires at least 15 years to use the property and not to know that there are no rights to it. It is hard to believe, but such a situation is encountered in practice.
If the theoretical owner is aware that he actually does not have any rights to the object, but continues to behave as the owner, then the ownership will be unscrupulous. It is usually punished by a court.
Summary
We found out what ownership is in an objective sense. In addition, we were able to understand the types of property and its classification.
In reality, everything is not as difficult as it seems. Ownership rights and methods of their acquisition are regulated by a large number of laws and acts. Competencies are also limited by law.
The institute of property law in the mentioned area should be considered as a combination of many norms and acts adopted in Russia. For example, Housing, Civil and Land Codes will help to reveal the features of the mentioned topic.