The powers of the owner. Concept of ownership
Long time scientists have tried to find out what therepresents a civilized society. And this issue was studied in completely different areas of human knowledge. One of them is right. This branch of human science can rightly be called the main regulator of relations within society. Therefore, who as not lawyers know what the civilized society is? According to scientists of this field of knowledge, a society in which each participant knows its own and other people's boundaries is allowed to be civilized, and, most importantly, can provide them.
This concept is largely manifested inThe existence of such categories as rights and duties. But the legal scientists went further in the process of seeking an answer to the question posed. Even on the territory of Ancient Rome, a judgment was formed that exclusively in a civilized society there can be a property right.
What is property?
To analyze the rights of the owner,It is necessary to understand what property is in general. To date, there are two basic concepts for the consideration of property. First of all, we need to consider the economic nature of this category. From this point of view, property is a collection of all things that belong to a specific subject, citizen, person, etc. In relation to these things, a subject can carry out practically any actions. The economic conception shows the very essence of the presence of these things as objects of the material world. In other words, a person on their basis can profit, losses, etc.
Legal nature of ownership
If we consider property on the basis oflegal view, the essence in this case is somewhat different. First of all, it should be noted that the legal nature of property is largely revealed in the civil law branch. To be more precise, in civil law, property is an institution, that is, a set of legal norms that exist for the economic regulation of the category presented in the article.
It should be noted that from an economic point of viewthe category mentioned above is always an object of the material world. The legal nature of the property allows for the existence of intangible types of property, for example, intellectual property. Based on the legal nature of the category, it is possible to distinguish such a term as the owner's powers.
History of the legal category of property
Modern Regime of Legal Regulationproperty has a long and interesting history of formation and formation. Strangely enough, but the existing regulations in the Civil Code of the Russian Federation in some cases are borrowed from Roman private law. The bottom line is that the ancient Roman lawyers have developed so successful legal designs that their relevance is not lost to this day. The most important and effective rules of property regulation were presented in the main sources of Roman law: the code of laws of the XII tables and the codifications of Justinian.
Property rights
First of all, it should be noted that the lawproperty - this is one of two groups of a single institution of real rights in the civil sector of the Russian Federation. But in this case, we will not consider limited proprietary rights, since they are not the subject of the article.
With regard to property rights, it isa set of homogeneous legal norms of the civil industry that fix the belonging of certain things to specific individuals. The latter, in turn, have a number of duties and rights, which are generally called powers.
What are the powers of the owner?
Due to the possession of specific property, a person receives an additional package of rights and obligations. This means that the powers of the owner of the property appear only in the event that this propertyactually exists. In other words, a person will not have any rights and obligations in relation to, for example, an apartment that he is going to buy in 20 years. It follows that the rights of the owner appear and disappear only because of the presence of specific legal facts, which will be presented later.
Appearance of ownership
To date, civil engineering theoriststhey are arguing rather sharply about the legal facts that cause the emergence of property rights. The problem is that you can identify a large number of similar moments. Nevertheless, there is a long-established legal concept that enumerates the classical legal facts that entail the emergence of property rights. Thus, the owner's powers arise:
- as a result of the direct manufacture of a thing by one's own efforts;
- as a result of receiving income, fruits, that is, the use of property;
- with the transfer of the right to property under a transaction of sale, gift, etc.
- with the succession of property;
- as a result of finding an ownerless thing.
Termination of ownership
The range of moments when the right of ownership is terminated is not so great. The main legal facts, when the rights of the owner cease to exist, are:
- loss of property;
- waiver of ownership;
- destruction of property;
- alienation of the owner's rights in favor of third parties;
There are also a number of cases envisagedthe legislator, when the right of property is terminated forcibly, that is, if the will of the immediate owner is ignored. Such situations include the satisfaction of obligations at the expense of property, confiscation of property, nationalization, compulsory redemption of a site for state and municipal needs, and so on.
Content of the proprietor's rights
The contents of all the powers available to youThe specific owner characterizes the property right in general. It should be noted that the powers in their totality represent a structured mechanism consisting of three elements. These include the right of possession, disposal and use. This construction was formed back in the days of Roman private law. However, the formula evolved and found its practical application in the 21st century. It should be noted that all three elements in their own way characterize the array of powers of the owner of the thing. Therefore, they need to be analyzed not only in the system itself, but also separately.
The essence of ownership
Earlier we pointed out that the powers of the ownerare the right to dispose of and use. As for the latter category, its essence lies in the physical possession of a thing. In other words, the owner has a real opportunity to economically influence the property. In this case, quite often there is a large number of contentious issues concerning intellectual property. However, even taking into account its intangible nature, intellectual property has a certain material manifestation, to which the right of possession extends.
Specificity of the legal category of use
In addition to the actual possession of a particular thingthe owner has the right to extract useful properties from it. The use is made by direct use of the property. The categories of ownership and use are closely interrelated, because it is impossible to obtain any properties from a thing without actually owning it. FROM
It may be noted that the right of use maybelong not only directly to the owner. For example, the latter may well transfer this authority to third parties. At the same time, the right to a thing remains with the owner. However, other persons may benefit from it along with the owner.
Right of disposal
Some scientists believe that the greatest valuehas the authority of the owner, as the order. If viewed from a practical point of view, such a judgment is true, since the order is the ability to determine the future legal fate of the thing. In simple terms, the owner has the right to sell, give, rent, etc. However, the theoretical component of the question is somewhat different. Of course, it is important to dispose of a thing, but this authority is available only to those who physically own the property.
So summing up for allsubmitted by powers, it must be said that they are related. This fact indicates that the powers of the owner are not just separate legal options, but a whole structured mechanism.
Features of the ownership of land and land
Regardless of the above classicownership structure, in the civil industry there are times when regulation is not done according to standards. For example, the powers of the owner of a land plot differ significantly from those of the owner of a car. And more specifically, the possibilities of the owners of the land are infringed by the duality of regulation. This is due to the fact that the land has a specific legal status. This is not only real estate, but also the object of regulation of environmental legislation. Therefore, in the process of owning, using and disposing of land, the owner must build his behavior on the basis of not only civil norms, but also features of environmental law.
Similar difficulties are also framed rightlifelong inherited possession. As a rule, the subject of this authority realizes its actions on property only with the permission of the owner, if he is not himself. But in this case, you need to understand what constitutes the right of life-long inherited possession, or rather, what range of powers is transferred.
So, in the article we tried to analyze the key powers of the owner. Ownership in this case is an additional concept. It characterizes all existing property of the owner.
In conclusion, it should be noted that this topic still needs legal revision to increase the effectiveness of its application in the practical industry.
