In the objective sense, the concept of "ownership" is a diversified and complex institution, which brings together the norms of different branches of law (criminal, constitutional, administrative, civil).The institute covers the entire set of rules lays down the principle that supplies or property of a particular, specific persons, regulating and protecting the affiliation of various material benefits to certain individuals accurately.Such an economic category, as the property is accompanied by mankind all the way of its development.
Currently, literally every thing belongs to someone, ie has an owner.And it owns powers on the ownership and disposal of objects and use of his property.But in order to freely exercise the powers they have been given, the owner must be sure that it has the right of ownership.The acquisition of property rights and gives such assurance.
To civil turnover was stable, it is necessary to clearly define what ways has the acquisition and foundation of property rights.These are the legal facts and a list of their synthesis is defined by law.The grounds for the acquisition of property rights can still call the property titles.Title of ownership is ownership of a thing is called, which is based on any legal basis, as it follows from the relevant, specific title, ie a legal fact.Titles acquired the property in different ways.
original ways of acquiring property rights do not depend on what was right from the previous owner for a specific thing.This group includes those cases in which we are talking about things without the prior owner.Initial methods are divided into: production (the creation of) the things that previously no one has established the right of ownership, and could not, by definition;processing, collection, extraction of the things public for these purposes;unauthorized construction (under certain conditions), and you can become the owner of ownerless property.
derivatives ways of acquiring property rights - those in which the ownership of any thing arises exclusively at the request of the previous owner.This usually happens under the contract.By the manufacturing method may include: the acquisition of property rights on the basis of any contract or transaction for the disposal of things;succession when the reorganized entity;in the order of succession in the event of death of a citizen.
acquisition of ownership by two different methods have different results.For example, the derivatives ways against the will of the owner is still necessary to consider whether the rights of other persons to a particular thing.They may be a tenant, mortgagee, and so on.Thus, the property of the new owner becomes burdened with these rights.But the original purchaser of the things no such restrictions are not bound.
It's safe to say that the difference between derivatives and original ways of acquiring the right of ownership is reduced to the presence or absence of succession.In many ways the acquisition of property rights under the law have access to all subjects, but there are special ways that are allowed to use only certain subjects of civil law.For example, confiscation, nationalization, warranted a revision of state property, the collection of duties and taxes - and even municipal property.
