Civil law. Parts I, III and IV. The right to economic management and operational management of property (the most important)

Lecture notes, cheat sheets
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Civil law. Parts I, III and IV. The right to economic management and operational management of property (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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48. RIGHT OF ECONOMIC MANAGEMENT AND OPERATIONAL MANAGEMENT OF PROPERTY

The right of economic management and the right of operational management - these are real rights of legal entities to use someone else's property. The relations that arise in this case involve: the user of someone else's property (legal entity) and the owner, who assigned his property to the user. The purpose of these property rights is to formalize the property status of legal entities that are not owners in order to create an opportunity for their independent participation in civil circulation.

Subjects (carriers) of these rights are only legal entities existing in the form of an enterprise and an institution. Subjects of law economic management - state and municipal enterprises, and the subjects of the right of operational management - state-owned enterprises and institutions.

Differences between the right of economic management and the right of operational management: in the content and scope of the powers that their holders receive from the owner on the property assigned to them.

Right of economic management - this is the right to own, use and dispose of the owner's property within the limits established by law or other legal acts. A unitary enterprise, on the right of economic management, cannot independently dispose of its real estate, but at the same time it can independently dispose of movable property. With this right, the owner of the property (the founder of the enterprise), who has assigned his property to the enterprise, retains the right to create, reorganize and liquidate the enterprise, the right to exercise control over the property, the right to receive part of the profit.

The right of operational management - this is the right to own, use and dispose of the property of the owner only within the limits established by law, in accordance with the goals of their activities, the tasks of the owner and the purpose of the property.

The owner (founder of the enterprise) has the right to withdraw from the subject of the right of operational management his property assigned to him, and dispose of it at his own discretion, if the property: is used for other purposes; turned out to be redundant.

Features of the authority of the order The property of the subjects of this right is different. A state-owned enterprise does not have the right to dispose of any property assigned to it (movable and immovable) without the consent of the owner. The owner of a state-owned enterprise independently establishes the procedure for disposing of the income of a state-owned enterprise. The institution does not have the right to dispose of the property assigned to it. For him, at his request, this is done by the owner of the institution.

The right of economic management and the right of operational management of the property of the owner arise at the enterprise and institution only from the moment of actual transfer of property. This moment is determined by the date of approval of the enterprise’s balance sheet or the date of receipt of property according to the estimate. The right of economic management and operational management is retained by their owners even in the event of a change of owner, i.e. the right of succession applies.

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