Property law is one of the most important sections regulated by civil law. Agree, the right of ownership has existed since the formation of statehood. The inhabitants of antiquity exchanged goods, getting the desired thing at their disposal. Accordingly, a long history makes it necessary to study this type of relationship, since property law is a direct descendant of Roman civilization. 
Getting started: getting to know the definition
The concept of property law in some textbooks seems very simple. While other civilian authors reflect the most subtle nuances, using a single term. At the same time, it is very simple, having analyzed the proposed definitions, to form your own concept.
Property law is a legal institution of civil law, which is aimed at protecting and ensuring the realization of the interests of a person with such a right, with the aim of directly affecting an object (intellectual property), without the participation of unauthorized persons.
Property relations fully reflect the essence of the property right, due to which the owner can be determined, the individual parameters of the thing, as well as its future legal fate is determined.
Real law in civil law is divided into two groups:
- The powers of the owners.
- The powers are not the owners.
The differences of one species from another will be discussed below, because for a start it is worth deciding on the features that are inherent in all property relations regardless of classification.
About the distinguishing features
Property law is an industry that has a huge number of differences from other forms and types of civil relations. The signs of this group of norms are as follows:
- Absolute, implying the only bearer of law, which can be opposed by an unlimited number of persons. This sign means that the owner can at any time demand from individuals the cessation of actions that violate his absolute right or impede its execution. It is necessary to touch on the industry of obligatory norms, since the protection of property rights takes place through the requirement that a person take actions in his favor.
- It is important to remember forever that the object of property law is a thing; object of obligation law - actions. This postulate is indestructible.
- Property rights are subject to protection by general methods that are indicated in the Civil Code of the Russian Federation and apply to all groups of legal relations.
About meaning
When considering property relations, it is important to take into account that the rights of this group are characterized by separate differences, for example, owners have the most comprehensive rights in comparison with owners of easements. In addition, the legal status of other persons is limited by law, and they are indefinite with the owners until the latter wishes to dispose of the legal fate of the thing at their discretion. When concluding an agreement related to obligations and things, the latter shall be satisfied first of all.
In general, the value of this industry is that it firmly defines and individualizes the owner of the thing. The holder of the appropriate legal status can satisfy his interests by disposing of his belongings, but to the extent limited by law.
Types of rights of non-owners
Limited property rights are the status of persons who are not the owners of a thing.It is worth noting that the property rights of any group of persons do not have the same characteristics, but differ only in the nature of their implementation.
Types of property rights of non-owners have the following features:
- Installed exclusively by the legislator.
- The right to follow is assigned to the person to whom the right of ownership passes.
Along with this Art. 216 of the Civil Code of the Russian Federation establishes the following rights of persons who are not owners:
- Lifetime land inheritance law.
- Unlimited use of land.
- The right of households. maintaining property.
- Operational management.
- Easements.
Additional rights
It is important to consider that the list mentioned by the legislator is not closed, therefore, to this day, the authors put forward many proposals and short stories of the legislation. Thus, other property rights of non-owners are presented as follows:
- pledge;
- use of the owner’s premises by other persons;
- the powers of the actual owner. This group of legal relations implies bona fide, open and continuous possession of property that does not belong to him, which initially did not belong to him;
- the right to independently manage income and property;
- life-long living in a room that belongs to another person due to the presence of a testament.
It is possible that in the near future the legislator will provide for the possibility of an updated list of limited property rights, but for now it is worthwhile to consider in detail the current types.
Historical notes of limited rights
Ownership and other property rights have existed for several centuries, among which the most ancient and widespread are prototypes of households. maintaining and managing property. Several persons are obligatory involved in these legal relations: the first is the owner of the property, and the second is responsible for the proper disposal and use of entrusted things.
The purpose of this group of property rights is to formalize the legal status of persons who are not owners, but at the same time have certain powers to dispose of property.
The emergence of the considered category of legal relations is associated with the planned economy that existed during the Soviet Union, where the state was a key regulator. By delegating its powers to individual bodies, the dominant governing body thereby distributed the command of economic activity rationally and evenly.
Moreover, the protection of property rights of that period was virtually absent. It is worth noting that the current state of civil law reflects vestiges of the past, because now the property rights of non-owners bring a minimum value. To date, this type of legal relationship is not found in European law.
The subjects of economic management and operational management
Protection of property and other property rights may be carried out both independently and through a third party. It is worth noting that one of the participants in the proceedings may be the person to whom the property was entrusted.
This state of affairs is due to the fact that the subjects of proprietary rights of the non-owner may be legal entities that exist in two forms: as an enterprise and as an institution.
At the same time, the legislator makes additional comments: state and municipal enterprises have the right of economic management, and state-owned enterprises, in turn, have the right of operational management.
The differences between these types of property relations are determined by the content and scope of the powers assigned. Depending on the legal status determined by the contract, the actual owners of the property receive it from the owner.
It is worth noting that the operational management agreement is characterized by truncated rights to things, while their essence is fully reflected.
Economic management as an institution of civil law
Civil law defines a list of ways to protect violated status, among which there is self-defense. As a rule, this issue is dealt with by the direct holder of the corresponding legal status (absolute owner). Protection of other property rights, as a rule, is carried out by filing a statement of claim in court, since it is not possible to resolve the conflict by other means. When realizing the right to defense, it is necessary to know the essence of the violated right, as well as all the nuances associated with its implementation.
So, the right of economic management is the right to own, use and dispose of property that has been entrusted by the owner, as well as on the basis of an agreement that defines the boundaries of the permitted order.
A striking example is the legal status of a unitary enterprise. Art. 295 of the Civil Code of the Russian Federation says that this subject of law cannot dispose of real estate, but at the same time he is able to carry out legal actions in relation to movable objects.
At the same time, the rights to things of a unitary enterprise in no way hamper the right of ownership by the rightful owner of the property. He can perform not only legally significant actions in relation to all property, but he is also able to reorganize and liquidate a specific enterprise. The owner has the right to control the safety of property, to monitor the process of its operation, as well as the right to profit.
A couple of phrases about operational management
The time has come to deal with the right of operational management, which many confuse with the above types of civil relations. So, the main difference between the institutes is that when exercising the right of operational management, the secondary subject of the disposal of property is able to exercise its powers only within the framework of the enterprise, in accordance with the tasks, as well as on the orders of the owner.
Moreover, the legal owner has broad powers, for example, he can dispose of the property if it is used for other purposes, as well as if it turned out to be superfluous. It is worth noting that even the need for a particular item in the enterprise does not matter if the owner in the person of the legislator recognizes it as insignificant, unnecessary.
As mentioned earlier, the subject of operational management are exclusively state-owned enterprises, which are severely limited in property rights. At the same time, the owner of a state-owned enterprise, along with the provision of property, is obliged to develop and legislate the procedure for its sale.
If the subject has the status of an institution, then he does not have the right to dispose. If the need arises for such actions, all legal operations are carried out by the owner.
Life tenure
Features of the right of ownership can be traced to persons who have the right of inherited ownership of the land. This subject has the right, without the consent of the owner, to transfer the property to another person or to otherwise use the land.
The “pseudo-owner” has the right to erect buildings on the ground, transfer the land as a pledge, or sell it.
Easement law
In civil law, an easement is called a limited right to use a thing. The meaning and essence of this phenomenon is to use the subject of legal relations by an unlimited circle of people, for example, to pass through someone else's land, if it is impossible to overcome it in other ways.
Types of easements
The following classifications of limited property law exist:
- public - confirmed by law and established in the interests of an unlimited circle of persons;
- private - the legal basis of this easement is the contract in relation to a particular person.
It is worth noting that easement as a legal entity became one of the first categories of Roman law. That is, the institute under consideration now has a long history and is developing to this day.