property belongs to the category of historically developing relations in a society of different types.They characterize the distribution of things as elements of material wealth in society between different categories of people and organizations.In addition, some theorists of jurisprudence believe that the property can be called the sum total of property that belongs to individual.As for property rights, then, by definition of the law, it has three powers.This use, enjoyment and disposal.Fair to say that the property and ownership are the terms are not equal properties.The property is regarded as a thing or property, in addition, property rights, which are fixed for a specific legal entity.A property right arises on certain grounds, which are fixed by law.
basis of property rights caused legal facts giving rise to the legal facts.This is known as the titles of the concept.Basis of property rights in the legal sense literature, various researchers are divided into original and derivative methods of property rights.The criterion for the differentiation of these species is the subject of succession and legal will.
Thus, obtaining the powers of ownership can be determined that the owner receives the powers in relation to things as a result of objectification of the will of the purchaser, which is sanctioned by the law.However, it is worth noting that the consideration for the acquisition of competences necessary to the existence of things that should be owned by this individual, an expression of his free will in acquiring the ownership of the thing other grounds specified in the law.
should be noted that the separation of the right kinds of produce in the laws of our country can not be seen.But these kinds of legislators and researchers highlighted jurisprudence, based on the interpretation of regulatory legal standards through doctrinal way.To the original species may include the time of the ownership of the new manufactured goods, thing, recycle things such as unauthorized construction, etc.All these reasons are explicitly stated in the Civil Code.With regard to derivatives, there is a somewhat different situation.Grounds for the ownership of the thing going through the will of the previous owner of the property, most often by the rules of contractual relations.Thus, it is possible to list some grounds for the emergence of this species of property rights: getting it right under the contract as a result of the transaction, inheritance, etc.
value of practical criteria of differentiation due to the fact that the methods of the derived type obtaining proprietary rights on the property by the will of the owner of the things you need to understand that the rights of third parties has not been canceled, and take them into account.They change if the owner is not subject to liquidation.Accordingly, in this respect, the rule is not enshrined in law, but is provided in legal practice.She says that no one can give to another individual to an increased number of rights to a thing than he has.It is obvious that the original purchaser of the property, such restrictions do not apply the logic of things.Thus, the above criteria succession plays an important role, which is reduced or to his presence or his absence on the acquisition of property rights.Additionally, it should be noted that certain methods of implementing powers on the thing can be focused on any legal subjects.However, there are methods of special properties that are applied strictly limited number of subjects.Here's a summary of this process, as the basis of property rights.
