In this article we would like to talk about this property and its basic types.In particular, we give the definition of terms such as movable property and real estate.We also consider the concept of ownership and discuss its forms and types.Hopefully, this information will be useful to you.
property - a complex legal term that has different interpretations
in different legal rules, depending on the application, this concept can be used in different ways.It is a collective and diverse in its composition.The property can be considered as a separate item or as a certain set of material values (see. Art. 133-135 of the Civil Code).In another sense, the term can encompass and property rights (see para. 301, 303 of the Civil Code).The law of succession to the concept of "property" includes not only the objects of the material world and the rights and obligations of the testator (see. Art. 1112 of the Civil Code).Until now, the legal literature, there is no common understanding of the property.Nevertheless, many researchers, including VA Lapach support the most comprehensive definition of the term.In their view, it should include all products of nature and human activities (including IP), which are endowed with a certain valuation and transformed into a commodity, and the rights and responsibilities of property appearing about them.To sum up, summarize.Property - is the main object of civil rights, which includes material things (including securities and money), the results of intellectual work, and other intangible benefits, as well as property rights and property obligations.
movable property.Money and securities
in civil matters are subject to the most common things.They are divided into two main types - movable and immovable.Movable tangible assets can easily be moved together with their owners, can be generic or individual, and certain are generally interchangeable.In Sec. 2, Art.130 of the Civil Code describes it in the category of personal property includes not only the various objects of the material world, but the money in securities.The latter are special documents certifying property rights.They have details and the prescribed form.In Art.143 of the Civil Code describes the different types of securities, including government bonds, bills, checks, savings and certificates of deposit, bill of lading, savings book and shares.
contradict objects belonging to real estate
Real estate - is an object of the material world, it is always at the same place, having a close relationship with the land, and are irreplaceable.In Art.130 of the Civil Code describes what things may relate to immovable property.The list is as follows:
- natural objects, natural origin - water areas, mineral wealth and other natural resources;
- objects that have a close relationship with the land - forest land, various buildings, structures, buildings;
- objects recognized by the legislature of real estate for various reasons - ships, aircraft, satellites, space stations, space ships, inland vessels and so forth.
Article 132 of the Civil Code complements this list and refer to it is another type of real estate- the company, which is understood as a property complex used for business and acts as an independent subject of the purchase and sale and other transactions.Also in the article.1 of the Federal Law (from 21.07.97) №122-FZ as immovable property are considered dwellings intended for residing of citizens and meet all established sanitary, technical, fire and other requirements, and non-residential premises designed for commercial, administrative,warehouse, industrial use.
concept of ownership.Shared ownership
In this article, we would like to highlight another important term civil law - "property".In a legal context, it is the ratio of a person to the best of its belongings as his, and reflects the full range of property rights.The concept of ownership implies the subject of several legal rights, including the right to use (the ability to use the thing as they wish and to have this income), ownership (that is, the physical possession of the thing) and disposal (opportunity to present, sell exchange item).Shared ownership - a special kind of legal relations arising in the event that the right to use, disposition and possession of the same good are at once several persons (two or more).This benefit - the total assets may consist of indivisible and divisible things or their totality.The right of common ownership may occur on the indivisible things if they are inherited by several persons under the law or the will.An example is the situation that children receive the deceased testator of property belonging to him - a country house.
owned State
in Russia are recognized and protected by the law of various forms of ownership, including state, municipal, private.In Art.212 of the Civil Code provides their classification.State property (ie public property movable and immovable) is represented by two species: the federal and property of subjects - the republics, regions, cities, regions and so on. The state acts as a subject of legal relations, as well as any other property owner, which means it has the right to dispose of the materialand intangible benefits at its own discretion - to give, lease, sell, and so on. d. An example of such a property may make factories, mines, military, mining, and so forth. Its ownership right of the Russian Federation and its subjects is carried out by public authorities or specific instructions of the President, the Government and the representative bodies.
property municipalities
Municipal property is private ownership, existing in parallel with the state.Municipal property legally belongs to rural, urban settlements or other municipalities and is designed to meet the interests of their inhabitants.It is divided into two types: on the property, which stands for municipal institutions and enterprises, and the property that is not reserved for companies and local government agencies, and constitutes the treasury.The list of municipal property consists of municipal natural and land resources, municipal organizations, enterprises, banks, non-budgetary funds, accommodation and housing, and so on. D.
private ownership.Individual property
Private property is classified on the property of individuals and businesses.The first is a form in which the results of production and resources belong to individuals.For private property of an individual may refer any property other than that which the law is excluded from the right to private property, the cost and the amount of which is not limited (except in some specified cases).Legal entities acting as subjects of property rights, can be any commercial and non-profit organizations - associations, foundations, religious organizations, business partnerships, consumer cooperatives, associations, and so on. D. The exceptions are state, municipal enterprises and institutions, financed by the owner.Property Organization - means any movable and immovable things that any commercial or non-commercial enterprise uses in its production or other activities.It can be equipment, land, money, buildings, raw materials, products and so on. In Russia, movable and immovable property recognized organization subject to taxation.At the same time, the tax base is calculated as the average value of tangible assets and accrued in accordance with the accounting records of the enterprise.At the end of the tax period of one calendar year, a declaration must be provided to the property of each organization.
Instead of conclusion
So, in this article we will answer the question: "Property - is it?"and gave a definition of important concepts such as "property" and "common property."We tell you about the types of property and learned the difference driven by immovable.In addition, we have talked about existing in Russian ownership and examined the differences between state and municipal property, as well as the private property of individuals and legal entities.
