Ownership excited the minds of people throughout human history.The development of the latter is directly related to the concept.Thanks to the institution of property rights to it, and modern society is actively developing.In this context, the order - is an essential driving force of all economic processes.
Title
Concepts such as "mine," "yours", allow in the home and determine the meaning of "property."That is, certain social order (traditions, laws, rules, regulations, customs and so on) behavioral relationships between people, arising from the acquisition and use of wealth.
legal title - is a set of legal norms that perpetuate embezzlement subjects of civil relations.
Triad powers
traditional civil law in Russia has a subjective view.In the Civil Code (paragraph 1, Article 209) the rights of the owner opened the so-called triad of powers.From it follows that the possession, use and disposal - it powers regulated by law.In other words, it is legally backed by the possibility to have, keep, use the property.The essence of powers - the possibility of operating assets by extracting from it useful properties.
Analyzing powers related to property ownership to be clearly distinguished (the actual control of the property) and the right of ownership (property right to have this thing with you).Similarly, the use of different (extract essential properties of a thing), and the right to use (property rights to benefit from the recovery of the property).From these concepts is very different right of disposition.It occupies a special place in the triad.From the point of view of many scientists, the order - is the main, the most significant law, without which the property as such does not make sense.
Competence orders
Every owner has a legally enshrined the opportunity to dispose of their property as well as the rights to it.The main condition in this case is its compliance with applicable laws and other regulations.
In accordance with civil law disposal of property - a right of ownership, which gives him the opportunity to perform any lawful action with the property belonging to him at his own discretion.Including:
- alienate (to change, give, sell) the property itself and the rights to it to others;
- remaining the owner of the property, transfer the ownership, use and disposal;
- encumber property, give it as collateral;
- transfer in trust the person (delegate) who is required to carry out their activities in the interests of the owner or a trusted third party;
- dispose of the property by other means provided by law, without violating the legitimate interests of other persons.
Order of ownership of the property
often mistakenly believe that the order - is the right of exclusion.Indeed, these two concepts relate to each other.However, not all connected with the disposal or alienation is it.For example, the design of things vnaёm or rent.This order, but at the same time - and not exclusion.These two concepts are similar as the genus and species.Therefore, the order - is any exclusion.
addition, the owner can voluntarily give up rights to their property.However, he loses the ability to renew the use, ownership and right of disposition.This authority provided by law, the waiver must be expressed in an unequivocal manner.
limited entitlement orders
from the owner may be limited by law.The order may be trimmed, for example, in cases of arrest, unlawful possession of another person, mortgage or other circumstances.However, if the owner is not deprived of the powers, but only can it carry a certain amount of time.
In addition, pursuant to paragraph 5 of Article 55 of the Russian Constitution may restrict the rights and freedoms of a citizen precisely to the extent that is necessary to protect the constitutional order, health, the interests of others, morality and so on. D. Taking this into account, it can beconclusion that only on the basis of Federal laws may limit the right of ownership in general and in particular orders.
At the same time, any restriction has its limits.The established frameworks should not be arbitrary and dictated solely by the need.All such restrictions must meet the requirements of fairness, appropriateness, legality, proportionality.
main motivations to restrict the right of ownership, is the ultimate natural resources, shortage of housing, reduced the effects of the use of sources of increased danger, health standards and other.
unacceptable to restrict the right of disposition of property for the purpose of unfair competition, creating the threat of illegal protection of citizens' interests.
legal characteristics of cash
the subjects of civil legal ownership of the fixed assets (tangible and intangible).The legislator defines cash as chattel (ch. 1, Art. 302, ch. 1, Art. 307 CC), and consequently, they are involved in civil relations.The bulk of the money in circulation and constantly moves between legal entities, some of them lose their property rights, while others acquire it.
Order money - it is an opportunity to dispose of them as a universal means of payment for goods and services.By themselves, the money does not have value in use.Their value is determined by the exercise of powers by the order of the owner.
