The right of ownership and other rights

click fraud protection

Ownership under consideration involves subjective likely behavior of the owner with respect to the things that belong to him.This concept in the sense that it has its own inherent only to him characteristics.

Title attributed to the category of absolute property rights.This means that the owner of the subject-as the authorized person may independently dispose of the property for personal gain.

considering ownership and other real rights, it should be noted that the first term is used as an initial, fundamental.The rest are purely derivative character.At the same time the owners are endowed with special status.The right of ownership and other rights in rem (in the living quarters in particular) in the majority of indefinite duration.

object in this respect stands thing serving as a commodity endowed with a certain economic value in society.In this regard the objects of civil rights and property rights are not the same.The provisions of the Civil Code of the acquisition opportunities of ownership refers only to things.

Ownership and other real rights, in contrast to, for example, of obligations, enshrined in law.The subject of civil legal relations is not entitled at its discretion to create new kinds of opportunities to own property.But participating in liability relations can enter into the transaction not only provided by the legislation, but they are not provided, but do not contradict it.

It should be the right of ownership and other rights to distinguish.The main difference is the presence of the owner of the full possibilities of disposition of his property.At the same time other persons own strange things (property) on the basis of a limited property right.

In the framework of this legal relationship is provided not only the existence of the subject of the completeness of the powers and responsibilities of expenditure, maintenance and other measures contributing to keeping things in proper condition.In accordance with the general rule that it is the owner bears all the burden of the financial costs with respect to property belonging to him.Among expenditures, and the law provides for the mandatory payment of the corresponding tax.Ownership and other property rights, thus differ in terms of the obligations of ownership (maintenance) things.This burden acts as unavoidable necessity and is directly linked with the possibility of ownership.

maintenance of the property provides for certain obligations associated with the risk of accidental damage or destruction of things.Owner in this regard may have unfavorable consequences occurred as a result of damage to or loss of property in the absence of someone's guilt.

right of ownership and other rights granted to persons under the law.This, along with broad powers, with adequate protection equally all the possible owners, the legislator determines the scope of their implementation.So, are not permitted acts involving intention to cause harm to other persons, abuse of opportunities in other forms of ownership (damage to nature, unlawful use of a dominant position in the market, etc.).

Considering the limited opportunities of ownership should take into account a number of provisions.Thus, restrictions on the right of ownership, as well as other civil rights, are allowed in accordance with federal law and only to the extent that it is necessary to ensure the constitutional order, health, rights, morality and interests of other persons, security and defense of the state.In some cases, it takes into account the special legal regime of the property.In this regard, and provides the special nature of restrictions on the right of ownership (property).