FinanceThe property

Acquisition and termination of ownership. Grounds for the termination of common shared ownership.

Property is considered to be a full set of rights that a legal entity has in the field of its property. In some theories, this term recognizes the possession of certain rights. Acquisition and termination of ownership are exercised on grounds determined by law.

Such a process as the acquisition and termination of ownership is nothing more than a legal fact. The list of legal facts is contained in Article 8 of the Civil Code of Russia. As legal facts that entail the acquisition of the owner's powers over things of a certain kind in specific individuals, they can act as the will of the persons expressed in their actions, and events that do not depend on the will of the people.

Obtaining ownership can be done in two ways. There are original, that is, not depending on the powers of the previous owner on a certain property. In addition, derivatives, where the owner's rights to the thing appear at the will of the previous owner of the thing. Objects of ownership in such cases are specified in the law. The significance of such a difference in practice is that when acquiring the powers of a proprietor of a derivative nature, it is necessary to take into account the rights to this thing of other persons who are non-owners. Here the powers to the thing of such non-property owners usually burden the property. Proceeding from this, the differentiation of the methods of obtaining the ownership right of the original and derived species is reduced to the definition of succession - the transition of the powers and obligations of the property owners.

The events under which the acquisition and termination of ownership are taking place are directly spelled out in the law. These include: the proprietor's authority is interrupted when the owner of his property is alienated to other persons, the owner's refusal from the property, in situations of destruction or destruction of a thing. Naturally, no one has the right to take away his property from the owner. At the same time, there is a rule of law that tells about cases of seizure of property from the owner in that order. For example, such an event may include referring measures of exacting nature to property for the obligations of a person. Otherwise, the termination of the owner's powers takes place through the abandonment of property. This right exists at the physical or legal person, and the refusal is made without the intention of the owner to remain with the powers to this property.

When establishing common ownership of shared ownership, each owner has a share that is determined in advance. It should be noted that each owner owns a share in the common property, and not in a property. In the event that the share of each will be presented in kind, then the ownership of the shared property will be terminated. Instead, the right of ownership of an individual to a new property will arise. It should be noted that the law considers all owners of shared ownership equal to each other. This rule can be modified at will of the subjects of law or by law. It should be noted that when researching the powers of individuals of common property shared, it is necessary to determine the aggregate of their rights with respect to certain categories. In this sense, it will be much easier to understand such a process as the termination of the right of common shared property. So, to the given categories it is possible to rank: the property in the property of the share purpose, a share of each participant in the property right. They have such a division, because they are different objects of civil rights. This is briefly about such a process as the acquisition and termination of ownership.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.birmiss.com. Theme powered by WordPress.