Civil law. Parts I, III and IV. Concept, definition and classification of things (the most important)

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Civil law. Parts I, III and IV. Concept, definition and classification of things (the most important)

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17. CONCEPT, DEFINITION AND CLASSIFICATION OF THINGS

Thing - a material object in a different physical state (including energy), in connection with which civil legal relations arise.

Classification of things

1. According to the degree of connection with the earth - movable и immovable. TO immovable objects include: objects of natural origin (land plots, subsoil plots); objects firmly connected with the land (buildings, structures, etc.); enterprises as property complexes; air, sea and river vessels, space objects.

movable objects are everything else. The specifics of real estate: the emergence, transfer, restriction and termination of real rights to it occurs with the obligatory observance of the written form of the transaction and state registration with the justice authorities.

2. By turnover - things circulating, limited in circulation и withdrawn from circulation. Things are considered not limited in circulation, unless otherwise provided by law. Restrictions on turnover can be established for reasons of state and public security, protecting the economic interests of the state, ensuring public health, etc. (natural resources, weapons, potent poisons, drugs (can only be purchased with licenses), currency values, etc.) , as well as objects of state property that are in common use (public buildings and structures, roads, rivers, national libraries and archives, etc.), things prohibited by law (fake banknotes and payment documents, pornography, etc.). Such objects are expressly specified in the law.

3. If possible, individualize them - things individually defined и defined by generic characteristics (generic). An individually defined thing can be distinguished from other similar things, and generic things represent a certain number of things of a given kind.

4. If possible, their consumption - things consumed и non-consumable. Consumed things during the process of use lose their consumer properties completely or in parts (food products) or are converted into another consumable thing (construction materials). When used, non-consumable things are not completely destroyed and can serve their intended purpose for a long time (buildings, structures, machines, equipment).

5. If possible, division - things divisible и indivisible. As a result of their division, divisible things do not change their original purpose (food, fuel, materials). As a result of their division, indivisible things lose their former purpose or disproportionately lose their value (a pair of shoes, a table service, a furniture set).

6. According to their structure - complicated things. If heterogeneous things form a single whole, suggesting their use for a common purpose, they are considered as one complex thing.

7. By purpose - the main thing и affiliation. A thing intended to serve another, main thing and connected with it by a common purpose (accessory) follows the fate of the main thing, unless otherwise provided by the contract.

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