Property is a widespread legal concept that every person encounters. Let us further consider its main provisions, as well as all the grounds for the emergence of property rights that exist in modern legal practice.
General concept
The concept of property rights is provided for by the content of the civil legislation currently in force on the territory of the Russian Federation. In its provisions it is said that the right of ownership means a whole set of norms of a legal nature, the action of which is aimed at the legal regulation of the use, disposal and possession by the owner of certain things that belong to him. Moreover, he has the right to perform all the listed actions based on personal considerations and at his own discretion, as well as in his personal interests.
The legislator categorically prohibits any interference by other persons in activities related to the ownership and disposal of the owner of his property, which helegally disposes.
Grounds for the emergence of property rights: general provisions
Speaking in general terms, this concept, as well as a complete list of those cases where a particular person may legally acquire ownership rights, is considered in the content of the Civil Legislation of the Russian Federation.
The Civil Code states that the grounds for the emergence of property rights are some facts of a legal nature, in the presence of which the right in question appears. In parallel, the legislator divides them into derivatives and originals.
Under the initial grounds for the emergence of property rights are understood to be all those in which there is no existence of the fact of succession. In other words, the initial basis is considered to be when the thing has just appeared, that is, it was created by a person, or the previous owner has lost the right to use it legally, and also when the early owner of a particular thing is unknown and its establishment is impossible, bright an example of which is the discovery of a treasure.
Derivative grounds for the emergence of property rights are those in which the right in question arises on the basis of the previously existing same status for the same thing or object from another person. As practice shows, this type of acquisition is typical for the procedure for concluding contracts. The second example of this type of succession is the fact of inheritance.
The concept of the basis for the emergence of property rights includes the internal division of the two above groups into separate facts that are prescribed by civil law. Let's consider each of them in more detail.
Creating a new thing
Under the initial basis for the emergence of property rights is understood the creation of things for the first time from those materials that belong to the future owner. It should be noted that a newly created thing will be considered the property of its author only when the person acquires this legal status in the manner prescribed by law.
The Civil Code stipulates that if a newly created thing belongs to the category of real estate, then the author is obliged to register it with the state - from that moment on, he will be considered its owner. As for movable objects, the creator has this status at the moment of their birth.
Special attention should be paid to the basis for the emergence of ownership of products or fruits, as well as income that was received during the operation of things and property. In the described situation, the right in question arises automatically from the legal owner of the object.
In the event that a person has made any object from other people's materials, then the ownership of this thing will belong to the owner of the raw material. The same, in turn, proceeding from civil principles, is obliged to reimburse the manufacturer for all those expenses that arose in the process of creating the object, that is, the costs of processing. An exception toof this rule are those cases where the price of the work substantially exceeds the cost of materials.
Conclusion of agreements for the alienation of property
Under the derivative basis for the emergence of ownership is understood to be the circumstance when an agreement is concluded on the alienation of property by one person and the transfer of the right to it to another. Prominent examples of such agreements are contracts of sale, exchanges, maintenance for life, as well as rents and donations. All contracts that are included in this list have a common feature - their main subject is the fact of the transfer of a thing or object from one party to another. Moreover, this process can be carried out both free of charge and on a paid basis.
For the acquirer, the right in question arises from the moment when the thing indicated by the agreement actually passes to another person. However, this condition is generally accepted and, if necessary, can be changed to another, which should be indicated in the content of the contract itself.
As for the fact of the transfer of a thing, it is considered as such not only its delivery to another person, but also its delivery to the carrier, who undertakes to deliver it to the acquirer.
In some cases, it turns out that the thing that is transferred to the ownership of another person was previously at his disposal. A striking example of such a situation is the circumstance when a person rented an apartment, and then, after some time, decided to buy it. In this case, the purchaser will be considered the legal owner of the property (orany other thing transferred under similar conditions) from the moment when the contract was concluded. The legislator provides for a certain number of cases when the transferred property must be subject to state registration. In this situation, the right in question arises from the moment the registration was made.
Property Inheritance
From among the general grounds for the emergence of property rights, the legislator singles out the fact of inheritance of property previously owned by individuals.
In the manner prescribed by law, certain property becomes the property of another person, called the heir, and this is possible only after the death of the testator.
The legislator distinguishes between two types of inheritance: by will and by law. If we consider separately the concept of a will, then it is a document drawn up personally by the owner of the property (testator), submitted in writing and without fail certified by a notary. The Civil Code provides for a number of cases when certification of a document by a notary is not required (if there is no actual possibility of access to a specialist), however, such documents must also bear the signature of a high-ranking official (chief doctor of a hospital, captain of a ship, commander of a military unit, head of a place of detention).
The inheritance procedure is carried out according to the general procedure established by law when there is no will,written by the owner of the property. In this situation, the heirs are divided into several groups provided for by law, and have the right to receive property in the appropriate shares, in the order of their turn. Persons classified as heirs of a certain line have the right to receive ownership of the property if representatives of the previous group do not have the right to inherit it, if they have given a written refusal to receive it, and also if representatives of the previous line are simply absent.
Succession
The practical application of this derivative basis for acquiring ownership of objects and things is possible only when there is a fact of reorganization of a legal entity. In this situation, there is a certain dependence of a legal nature on the rights of the acquirer on what rights the predecessor had.
This type of acquisition of ownership is similar to inheritance. The main difference lies in the circle of persons among whom this action can be committed. In the case of inheritance, the transfer of status to owners is possible only between individuals, and if succession is considered, then, on the basis of the law, it can be carried out exclusively between organizations, enterprises or institutions and only in the event of their reorganization.
In the event that several legal entities merge together, then all rights toproperty is transferred to a newly created legal entity, unless otherwise provided by an agreement drawn up between them. If the accession procedure takes place, then as part of its implementation, the property rights are transferred to the main person to whom the accession was formalized.
It should be noted that the procedure for the reorganization of legal entities can be carried out not only by merging, but also by dividing one large one into several smaller ones. In this situation, a deed of transfer is drawn up between the parties, which indicates all the conditions and volumes of ownership for each newly created entity.
Appropriation of public things
Considering the list of ways and grounds for the emergence of property rights, you need to pay attention to the procedure for turning into the property of those things that are recognized as publicly available. Such a ground applies to those cases where a person acquires the right in question to the berries, herbs, fish caught by him, as well as animals killed in the hunt. The right of ownership to all these things obtained by legal means is acquired by the person who made the extraction.
The legislator also establishes some possibility for a person to acquire ownership of an unauthorized building if it is legalized in the prescribed manner.
Purchasing ownership of thingsto which the previous owner lost the right
Such a basis for the emergence of property rights is quite multifaceted and can be applied to many life situations. Vivid examples of such are the redemption by a certain person of things that belong to the category of ownerless, privatization and confiscation. This group of grounds can also include nationalization - the process of transferring certain things from private property to state property.
In addition to all of the above, the considered group of grounds can include the acquisition of the status of the owner in question as a result of the court's enforcement of certain property, which occurred as a result of certain circumstances, according to which the early owner no longer has the right to possess it. If the transfer of the status of the owner occurs on this basis, then, in accordance with the provisions established by law, such a right to property from the original owner terminates at the moment when it passes into the disposal of another person.
Ownership of ownerless things
One of the initial grounds for the emergence of property rights is its establishment on ownerless things. In accordance with the provisions regulated by law, such a thing is one that does not have an owner or the person is unknown and cannot be identified. This concept also applies to those objects that the legal owner has refused.
All ownerless things are registered with the body that carries outtheir registration, and the establishment of the ownership of a certain person on them is carried out on the basis of an application considered by the self-government body at the location of the object. It should be noted that the owner, who previously abandoned the thing, as a result of which it was recognized as ownerless, does not have the right to re-master it.
Accessive prescription
In modern legal practice, such a concept as acquisitive prescription is very common. It means that a person who, for 15 years or more, quite openly exercises actual ownership of an object and does it continuously, automatically acquires the right of ownership to it on completely legal grounds. This is a derivative basis for the emergence of ownership.
In the event that we are talking about an object subject to mandatory state registration, then after 15 years of constant and open use, the future owner is obliged to carry out registration actions in the prescribed manner - only from that moment he will receive the right to dispose of this property.
The calculation of the acquisitive prescription period begins from the moment when the period allotted as the limitation period for the type of claim for the relevant requirements passes (based on the provisions of the Civil Code - 3 years).
Termination
A complete list of grounds for the emergence and termination of ownership of property is provided for by the civil legislation of the Russian Federation. In listthe grounds on which a person's right to dispose and possess a certain thing may be terminated, the legislator considers, first of all, the voluntary refusal of its owner from this right. It is also possible in the event that the property has been destroyed, lost, or when its use is no longer possible due to actual wear and tear.
In the considered list of grounds for the emergence and termination of property rights, it is also indicated that in some cases, in accordance with legal requirements, this right can be terminated forcibly. First of all, this applies to cases when the property is levied for unfulfilled obligations by a person. This group also includes situations where property is alienated as a result of the fact that, on the basis of the law, it can no longer belong to a certain person.
The legislator establishes certain grounds for the emergence of ownership of land, under the acquisition of which the future owner is required to indicate the purpose of using the site. In the event that it turns out that the land is not being used for the previously agreed purpose, the site may be forcibly withdrawn (by a court decision).
The right of ownership of money and securities can also be terminated by force on the basis of a court decision. The law establishes that the reason for this may be the illegality of the acquisition of these objects, as well as the purpose of using them to promote terrorism or to violate the security of the country, as well as individual regionsstate.
In the event that the state converts the property of organizations, institutions or enterprises forcibly into ownership, it is obliged to fully compensate for all losses that the previous owner bears in connection with the actions taken, as well as the full cost of all property.
