Civil law. Parts I, III and IV. The right of private property of citizens (the most important)

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Civil law. Parts I, III and IV. The right of private property of citizens (the most important)

Lecture notes, cheat sheets

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35. RIGHT OF PRIVATE PROPERTY OF CITIZENS

Right of private property - one of the forms of ownership, meaning the absolute, legally protected right of the owner to exercise the powers of the owner in relation to specific property, including the means of production.

The concept of "private property" was absent in Soviet legislation.

Types of private property rights:

▪ the right of private property of citizens;

▪ the right of private property of legal entities.

The right of property of citizens in an objective sense - a set of norms regulating relations for the exercise by citizens of the three powers of the owner. These norms constitute the institution of property rights of citizens.

The right of property of citizens in the subjective sense - the possibility of citizens, provided by law, by their actions to exercise the three powers of the owner within the limits established by law, that is, to own, use and dispose of their property at their own discretion by committing any actions with respect to this property that do not contradict the law and do not violate the rights and legitimate interests of others persons, as well as the ability to eliminate the interference of all third parties in the sphere of their economic dominance over their property.

Citizens' property right refers to private ownership.

The main source of the emergence of a citizen's property right is his labor activity. However, the grounds for the emergence of property rights and ways to secure it for him depend on the labor status of a citizen: whether he is an employee, or an individual entrepreneur, or an entrepreneur who has created a legal entity.

Exercise of the right of ownership by a citizen happens according to the principle: everything that is not prohibited by law is allowed to him.

Features of objects of property rights of citizens:

▪ citizens may own any objects, except those specified in the law;

▪ the quantity and quality of objects that citizens may have is not limited, except in cases specified in the law;

▪ restrictions on the quantity and quality of objects that may be owned by citizens are allowed only in the interests of protecting the constitutional system, defense of the country, morality, health and interests of other persons;

▪ transactions of citizens with real estate are subject to state registration, and the owner of the real estate is subject to tax;

▪ vehicles and weapons belonging to citizens are subject to special registration;

▪ to purchase some objects, citizens are required to obtain a special permit (this applies, for example, to the purchase of firearms, potent poisons, etc.);

▪ citizens keeping livestock must comply with veterinary and sanitary rules;

▪ citizens who are owners of a land plot are obliged to take care of the fertility of the land;

▪ the rules by which citizens receive dividends from a joint-stock company are determined by the constituent documents of the joint-stock company.

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