Civil law. Parts I, III and IV. Types of property rights. Reasons for emergence and termination (most important)

Free technical library

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Civil law. Parts I, III and IV. Types of property rights. Reasons for emergence and termination (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

Comments on the article

Table of contents (expand)

34. TYPES OF PROPERTY RIGHTS. GROUNDS FOR ORIGIN AND TERMINATION

There is no definition of the concept of ownership in the legislation.

Form of ownership - a feature of the legal regime of the object in relation to certain types of subjects of civil law, property can be in the form: private (citizens and legal entities); state (public) (Russian Federation, subjects of the Russian Federation); municipal (its subjects are municipalities).

Type of ownership - an indication of how many subjects own the same object. If the thing is owned by one subject - the right personal property, if the thing is owned by several subjects - common property right. The right of common ownership is divided into: the right of joint ownership and the right of shared ownership.

Grounds for the emergence of ownership (titles of ownership) - certain legal facts, which are divided into: initial - not dependent on the rights of the previous owner to this thing and derivatives - in which the right of ownership is based on the right of the previous owner (most often under an agreement with him).

Initial grounds for the emergence of ownership: making a new thing; processing, specification; conversion to the ownership of public things; acquisition of ownership of ownerless property; finding a thing; detention of neglected animals and their maintenance; treasure discovery; acquisitive prescription.

Derivative grounds for the emergence of ownership: nationalization; privatization; acquisition of the right of ownership to the property of a legal entity during its reorganization and liquidation; foreclosure on the owner's property for obligations; requisition; confiscation, etc.

The right of ownership of the purchaser of the thing under the contract arises, as a rule, from the moment of its transfer. The transfer of a thing is carried out in the following ways: by handing over the thing itself or by symbolically transferring it (for example, handing over the keys to an apartment to its buyer); delivery of things to the post office for its dispatch (for example, when sending a parcel, parcels); handing over things to a transport organization for delivery to another person. If the alienation of property is subject to state registration from the moment of such registration.

In the process of transferring a thing, the risk of accidental loss or accidental damage to property shall be borne by its owner, who was in possession of the thing at the time of its destruction, unless otherwise provided by law or contract. The owner bears the burden of maintaining the property belonging to him, unless otherwise provided by law or contract.

Ownership terminates: in case of alienation by the owner of his property to other persons, refusal of the owner from the right of ownership, loss or destruction of property, in case of loss of the right of ownership to property in other cases provided by law.

Compulsory seizure of property from the owner is not allowed, except for a number of cases provided for by the Civil Code of the Russian Federation (foreclosure on property for obligations; alienation of real estate in connection with the withdrawal of a site; requisition; confiscation).

<< Back: Real right, property, property right

>> Forward: Right of private property of citizens

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Inheritance law. Lecture notes

▪ Organization theory. Crib

▪ State and municipal finance. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

Xiaomi Mi Powerbank Pro portable battery with USB Type-C port 14.03.2016

Xiaomi has announced the Mi Powerbank Pro pocket battery, designed to charge mobile devices away from the mains.

The novelty uses a battery capacity of 10 mAh. It is claimed that a full charge will be enough to replenish the iPhone 000's energy reserve four times. iPad mini can be fully charged once and half charged once.

One of the features of the novelty is the presence of a symmetrical USB Type-C port. This allows you to power the next generation of mobile devices, such as the 12-inch Apple MacBook and the second generation Google Chromebook Pixel.

Another feature of Mi Powerbank Pro is the fast charging function. It takes no more than three and a half hours to fully replenish the energy reserve.

The portable battery measures 128,5 x 75 x 12,6 mm and weighs approximately 220 grams. The housing has an LED status indicator. It will be possible to buy a novelty at an estimated price of 20-25 US dollars.

Other interesting news:

▪ Bose-Einstein condensate drives a phonon laser

▪ Chimpanzee Inventors

▪ iron therapy

▪ Last year, OLED displays were sold for $101 million.

▪ USB alarm clock

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Aphorisms of famous people. Article selection

▪ article by Michel Foucault. Famous aphorisms

▪ article How fast does our blood flow through the vessels? Detailed answer

▪ Violet article. Legends, cultivation, methods of application

▪ article Autonomous bioenergy module BIOEN-1. Encyclopedia of radio electronics and electrical engineering

▪ article Electric welding installations. Requirements for premises for electric welding installations and welding stations. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews