Civil law. Parts I, III and IV. Property rights of persons who are not owners. Rights of persons who are not owners of land plots (most important)

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Civil law. Parts I, III and IV. Property rights of persons who are not owners. Rights of persons who are not owners of land plots (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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47. PROPERTY RIGHTS OF PERSONS WHO ARE NOT OWNERS. RIGHTS OF PERSONS WHO ARE NOT OWNERS OF LAND PLOTS

Property rights of persons who are not owners, have the same characteristics as ownership. At the same time, they have their own characteristics: these rights are assigned by law the right to follow upon the transfer of ownership of property to another person; types of property rights can only be established by law.

Rights of non-owners:

▪ the right to lifelong inheritable ownership of a land plot;

▪ the right to permanent (indefinite) use of a land plot;

▪ the right to manage property;

▪ the right to operational property management;

▪ easement rights (easements).

Since this list is not closed, other rights may be included in it. There is only one requirement for them: they must be specified in the law. In the theory of civil law, this list was supplemented, it included the property rights of persons who are not owners: the right of pledge; the right to use housing by members of the owner's family living in the residential premises belonging to him; the right of the actual owner, who, not being the owner of the property, in good faith, openly and continuously owns this property; the right of an institution to independently dispose of income and property received as a result of economic activities permitted to it; the right to lifelong residence in a dwelling owned by another person in accordance with a testamentary refusal.

Property rights of persons who are not owners of land plots, arise from their owners on the grounds provided for by land legislation.

Types of real rights to land plots: the right to permanent (unlimited) use of the land plot; the right of lifetime inheritable possession of a land plot.

Citizen who owns land right of lifetime inheritable possession, has the right, independently, without asking the owner’s consent, to transfer a land plot or part of it for free use, for rent, to erect buildings on the plot, acquiring ownership rights to them, but he does not have the right to alienate the land plot, i.e. sell, transfer to pledge. Naturally, only a citizen can have the right of lifelong inheritable ownership of a land plot.

The right to permanent (unlimited) use of a land plot can be provided to both citizens and legal entities. Eligible subjects have the right to independently use the land plot, but they cannot make transactions with it - lease or free fixed-term use - on their own, without the consent of the owner. However, if the owner of this right erects a building on a land plot and acquires the right of ownership to it, he will transfer the right to a part of the land plot on which this building is located.

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