Civil law. A common part. Property rights of citizens and legal entities (most important)

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Civil law. A common part. Property rights of citizens and legal entities (most important)

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29. OWNERSHIP OF CITIZENS AND LEGAL ENTITIES

Citizens' property right - a kind of private property, in connection with which citizens can own, use and dispose of property at their own discretion.

Sources of formation of property of citizens - their own labor and independent independent economic activity.

Types of property of citizens:

1) property, the source of which is one's own labor as a hired worker;

2) property, the source of formation of which is entrepreneurial activity based on one's own labor;

3) property, the source of formation of which is the involvement of hired labor.

Subjects: all citizens of the Russian Federation, foreign citizens and stateless persons.

The object can be all property, except for property withdrawn from civil circulation (wealth of the continental shelf and maritime economic zone, certain types of weapons, etc.). The quantity and value of property owned by citizens is not limited (except as provided by law).

A special legal regime has been established for some objects, in particular for housing (must be used for its intended purpose to meet the needs of the owner and members of his family), for vehicles subject to special registration, weapons, the purchase of which requires a special permit, potent poisons used in for medical, scientific and production purposes, and other objects whose turnover is limited.

The owner of the property can transfer this property as a pledge or trust management, use it for business activities.

Subjects of ownership of legal entities: business partnerships and societies, production and consumer cooperatives, public and religious organizations, associations and unions.

Objects of ownership of legal entities: any movable and immovable property (except for types of property that, in accordance with the law, cannot belong to legal entities).

The quantity and value of property owned by them is not limited, except in cases where restrictions are directly established by law in order to protect the constitutional order, health, rights and legitimate interests of others, to ensure the defense and security of the state. The property of a legal entity shall be terminated if it is established that the property owned by it cannot belong to it.

Commercial organizations, except for state and municipal enterprises, as well as institutions financed by the owner, are the owners of property transferred to them by their founders as contributions, as well as property acquired by these legal entities on other grounds. Non-profit organizations may be the owners of the property acquired by them and may use it only to the extent necessary to achieve the goals established by the founding documents.

Legal entities can be owners of any property, except for that which cannot be owned by legal entities by virtue of a direct indication in the law.

Author: Stepanova O.N.

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