Civil law. Parts I, III and IV. Property law, property, property rights (the most important)

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Civil law. Parts I, III and IV. Property law, property, property rights (the most important)

Lecture notes, cheat sheets

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33. PROPERTY, PROPERTY, PROPERTY RIGHT

Real right - the right that ensures the satisfaction of the interests of the authorized person by directly influencing the thing in his possession, without the assistance of other persons. With the help of rights in rem, property relations are realized. There are two groups of property rights: the rights of owners; rights of non-owners.

Signs of property rights:

1 ) they are absolute; the bearer of the absolute right is opposed by an indefinite number of obligated persons, which means: the owner can demand from any person that he does not take actions that prevent him from exercising the powers of the owner;

2) objects of property rights are things;

3) to protect all rights in rem, regardless of which group they are in, the same methods of protection are used.

Real rights differ in the scope of powers: the owners have the most complete powers - they can perform any actions that do not contradict the norms. The rights of subjects of other property rights are limited by law. Real rights are perpetual.

The meaning of property law consists in the fact that it fixes the relation of a person to a thing, allowing the bearer of a property right to satisfy his interests with the help of this thing.

Property - This is an economic category that reflects the relationship between people about things.

Ownership features: it is a social, property, volitional relation.

The concept of "ownership" is considered in two senses: objective and subjective. AT objective sense - a set of legal norms that regulate relations between people about things. These norms form a sub-branch of civil law. AT subjective sense - the opportunity assigned to the owner to exercise his powers in his own interests, without contradicting the law.

The concept of "the content of the right of ownership" refers to the right of ownership in the subjective sense.

Contents of ownership - these are the three powers of the owner:

1 ) possession - the actual possession of a thing (distinguish between legal and illegal possession, title possession, bona fide and bad faith possession);

2) use - the right to extract its useful properties from a thing in the process of personal or industrial consumption;

3) disposition - the right to determine the legal fate of a thing.

Obligations of the owner in the exercise of his rights:

▪ take measures to prevent damage to the life and health of citizens and the environment;

▪ refrain from behavior that disturbs his neighbors and other persons;

▪ refrain from actions performed solely with the intention of causing harm to others;

▪ in cases specified by law, allow limited use of your property by other persons.

The right of ownership may be limited only by federal laws to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state.

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