The notion of “owner’s competence” implies, based on the law, the ability to possess certain property, to include it in one’s own farm, in fact, to own it, to have it on one’s own balance sheet, etc.
Institute of Property Law
Property is the most concrete and absolute concept of the right to use a thing. For this reason, it is clothed in specific legal forms and subject to the unconditional laws of the use of property. Property and unconditional rights to it do not have full practical value in the absence of their protection by law.
The content of property rights as a “measure of legal power” of a citizen means that the owner is entitled to own, use and dispose of his thing. The main thing that characterizes this situation is the ability of the owner to exercise powers in accordance with his own discretion.
Human property as a financial group is considered the basis for the whole concept of social relationships. From a legal point of view, property is dependent on the model of distribution, exchange and use of material goods. Violations of the private ownership and powers of a citizen, which constitute an increased social threat, are prosecuted by law. Law enforcement authorities posed one of the main issues: protecting the freedoms of the owner and the person as a whole, as well as his property from illegal encroachments.
In the context of financial reorganizations being carried out in the state, civil law institutions of property jurisprudence are attracting more and more interest from representatives of the field of advocate science and practice. This is due to relevant factors. Market relations in the domestic economy at the present stage are distinguished by the current redistribution of capital and property. The legal configurations of such a redistribution and legal instruments are the institutions of ownership.
Classification
The concept and essence of property rights fix financial relations both of a society and a citizen in particular, that is, the right to private property has become one of the varieties of property rights in general.
Classification of the basis of ownership:
- the first category of principles for the exercise of the right of ownership is formed by the rules for ensuring the balance of individual and public interest, the principle of reasonableness, good faith and justice in the exercise of property rights;
- the second category is the basis for the protection of property rights, to which the principle of the inviolability of property can be added.
Content of ownership
The powers of the owner may be different in nature. Among them, the most important is the right of individual ownership.
The content of the ownership of the property owner is as follows: the owner owns the rights to own, use and dispose of his own property. What does it mean?
- the proprietor's ownership of the property is the ability to have a thing in an individual possession;
- right of use - the ability to benefit from a thing;
- the owner’s authority to dispose is the ability to determine the further fate of a thing: sell it, rent it out, give it, etc.
Principles
An intermediate position between the rules for the sale and protection of the jurisdiction of ownership is the rule of limitation of this power, which sets the standards for the implementation of the right of ownership, since it shows a ban on a citizen performing specific operations in relation to personal property. On the other hand, restrictions are established in the interest in protecting social needs, including the jurisprudence of the property of other entities from illegal operations by the owner himself.
The rule of reasonableness and good faith of participants in public relations extends to the subjects of individual ownership relations. Property helps to establish justice in society. This is the most important argument in her favor. Public justice was often equated with the distribution of previously available goods, and inequality - with injustice.
The principle of protection of an individual’s authority does not imply that in the event of a violation it will automatically be protected. Although the right of ownership has the real possibility of protection. In addition to this kind of opportunity, a large number of circumstances and conditions that exist outside the scope of protected law are necessary to protect the right.
Ownership restrictions
Restrictions can be manifested in prohibitions, for example, to carry out specific active actions to owners. When exercising such rights to an animal, cruel treatment is not allowed.
The restriction is also expressed in fixing strictly specific circumstances of his behavior in the exercise of authority. Ownership of the land can be limited due to the establishment of special circumstances of environmental protection, the preservation of fertile soil cover, the beginning and end of construction or development of the land.
In addition to rights, the owner has specific responsibilities, which are called the burden of maintaining the property. The owner, in particular, must:
- keep the property in appropriate condition;
- perform actions in respect of personal property prescribed by veterinary, sanitary, fire-fighting, epidemiological and other instructions;
- Pay legal taxes, duties and fees;
- to fulfill other conditions coming from authorized municipal bodies.
Responsibility for violation of property rights
Persons encroaching on social relations are brought to administrative responsibility.
The qualification of a criminal offense sometimes depends on the method of illegal influence on the subject of property rights. Thus, V.E. Mikhalukova writes that the studies of the problem of attacks on vehicles make it possible to introduce, in particular, the following practical requirements. Illegal seizure of a vehicle, which is accompanied by its subsequent destruction or damage, leaving it unattended, should be qualified not as a theft, but as an abduction.
Illegal appropriation of a car, which is accompanied by its displacement from the place (regardless of whether the engine is on or off) or with insignificant movement when the vehicle is still in the field of view of its owner, should be characterized as theft.
If the guilty person’s goal is based on the desire to take possession of the elements of the car, tool or other values that are in the car, then the act must be qualified both as unlawful seizure of a vehicle (without the purpose of theft and theft), and as an encroachment on the theft of relevant values.
The power of disposition refers to the owner, subject of the right of economic management or the right of timely management.
When rights expire
Their end may be, for example, the conclusion of a contract of sale, gift, loan or change of legal relationship in case of rental property. The disposition of property is also its consumption by the owner or its liquidation, if the citizen considers it appropriate.
Authority for the property is interrupted:
- upon refusal of a private person from ownership;
- death or liquidation of property;
- in case of loss of ownership of property in other cases stipulated by law.
Compulsory refusal of property is allowed by a certain article as an exception only on the grounds of a social need, subject to circumstances and a regime determined by law, with actual and absolute compensation for the price of alienated property, as well as in accordance with a court order.
Conclusion
Thus, summarizing the described, it can be noted that property as an institution of law has a centuries-old history of formation. The emergence of its main categories occurred in the Roman Empire.
The right of ownership as property law constitutes the legal base and the base of standard material circulation. The corresponding provision of the inviolability of property to a certain extent depends on the stability of the entire civil turnover.