Art. 218 Civil Code of the Russian Federation. Grounds for acquiring ownership

Article 218 of the Civil Code of the Russian Federation defines general cases of the emergence of legal opportunities for entities with respect to various objects. Particular attention is normally paid to the facts, at the appearance of which this occurs. Let's consider further art. 218 Civil Code of the Russian Federation with comments and a description of the features of the classification of grounds on the basis of objective and subjective grounds.

General information

In paragraph 1 of Art. 218 of the Civil Code establishes that legal opportunities for a new facility created or manufactured by a subject to meet its needs in compliance with the requirements of legislative and other regulatory acts are acquired by it. As a result of the use of a thing, there may be incomes, products, fruits. The right of ownership to them is acquired on the grounds established by Art. 136 of the Civil Code.

Transition of legal opportunities

The ownership of objects can be transferred to other persons. As a basis for the transition of legal opportunities is a barter, purchase and sale agreement, donations and other agreement providing for the alienation of the thing. In the event of the death of a person, the ownership of the property that belonged to him passes under the inheritance by law or will. When the legal entity is reorganized, the succession procedure is in effect. These provisions are established by Art. 218 Civil Code of the Russian Federation.

Special cases

Based on the grounds established in the law, a person can obtain the right of ownership of a thing that does not have a master whose owner is unknown, refused it or was deprived of the corresponding powers for other circumstances stipulated in the norms. A member of the housing, garage, dacha, housing or other consumer cooperative, as well as other entities that have contributed fully for the premises provided to them, become full legal masters. This provision is defined in paragraph 4 of Art. 218 Civil Code of the Russian Federation.

Explained

Circumstances, alone or in combination with other factors entailing the emergence of property rights in accordance with the law, are called the grounds for acquisition. By their nature, they can be events (the expiration of the long-standing term) or actions (transaction, finding, etc.). In science, the original and derived bases of acquisition are distinguished. When differentiating, the following feature is used. The right of the new owner, obtained on a derivative basis, is based on the legal capabilities of the previous owner. Here we should separately say about the volume of the rolling categories. Along with the object, the new owner acquires all rights associated with it, except for exceptions provided for by law. In this case, one should be guided by a key principle. It says that no one can transfer more legal opportunities than he has.

Kinds of bases

Taking into account the criterion of succession, the initial circumstances of the acquisition of the right should include:

1. Creature.
2. Recycling.
3. Unauthorized construction.
4. Invocation of ownership of abandoned movable objects.
5. Collection of public items.
6. Finding and turning into ownership of animals that do not have owners.
7. Treasure.
8. Acquired prescription.
9. Obtaining ownership of income, income, fruits.
10. Obtaining legal opportunities from an unauthorized alienator.

In addition, the law allows for cases in which the right of ownership of real estate to the municipality is recognized. This ground is also considered to be original.

Derivative circumstances

They include:

1. Transfer of the object under the contract of its alienation.
2. Inheritance.
3. Obtaining ownership rights by a cooperative participant in the event of a full repayment of the amount of the share contribution.
4. Acquisition of legal possibilities regarding the property of the enterprise in liquidation / reorganization.
5. Privatization.
6. Requisitions.
7. Nationalization.
8. The redemption of immovable objects due to the withdrawal of the areas on which they are located.
9. Getting into the property of things that, by virtue of the law, can not belong to a given subject.
10. Redemption of mismanaged cultural property, living quarters, domestic animals in case of improper handling.
11. Confiscation.
12. Appeal to collection objects on the obligations of the owner.

An Important Moment

The general rules, which are established by Article 218 of the Civil Code of the Russian Federation, must be met if certain requirements are met. The provisions envisaged in the first paragraph are considered to be initial, since before their emergence legal possibilities for the thing did not exist at all.

Conditions

Creating an object to obtain the appropriate rights to it requires a number of conditions. First of all, we are talking directly about a new subject, which was the result of the primary labor of a particular person. From a legal point of view, the emergence of an object means the creation of an individual-specific thing that did not exist before that moment. This process also includes a significant reconstruction of the subject.

The purpose of creating a thing

It is also worth noting that the legitimate owner of the facility under Art. 218 of the Civil Code of the Russian Federation becomes a person who made it for their own needs in their own interests. If the creation of an object is carried out under a contract for another entity, then it becomes its owner, but not the creator. For example, initially the product is purchased not by the contractor, but by the customer, under the agreement of the contract. As a defining criterion, therefore, there is a purpose to acquire ownership by the creator. It is important to note that the materials from which the product is manufactured must belong to the manufacturer. Otherwise, the rules of Art. 220 of the Recycling Code.

Compliance with the requirements of the law

Art. 218 of the Civil Code of the Russian Federation specifies that the establishment of the facility should be carried out in accordance with applicable standards. Failure to comply with the established legislative requirements, as a rule, does not allow the manufacturer to obtain the expected volume of legal possibilities. On the contrary, in many cases, the violation of requirements leads to very adverse consequences.

Income received when using a thing

Fruits, incomes, products belong to the entity exploiting the property on legal grounds, unless otherwise provided by law or by contract. So, the income received by the tenant is his property. If the object is provided on terms that exclude its use, then the income, produce and fruits belong to the rightful owner, and not to the temporary owner.

Transactions on alienation of property

They may or may not be provided for by law. In the latter case, however, transactions must comply with regulatory requirements. In particular, with regard to barter contracts, donations, purchase and sale of real estate, their registration must be strictly in accordance with the rules. Agreements must be drafted in writing and registered by the authorized body.

Reorganization of legal entity

As was stated above, Art. 218 of the Civil Code of the Russian Federation provides for it as the basis for acquiring legal opportunities by successors. It should be noted that the reorganization procedure includes several mandatory measures. In particular, an act of acceptance and transfer of property is drawn up. It contains information about objects, former and future owners. The act of receipt and transfer of property is a document of strict accountability.

Participants of cooperatives

They acquire ownership of real estate, if they completely repay the amount of the mandatory share contribution. This base is considered a derivative. After making the entire amount of the contribution for an apartment, house, garage, cottage, other premises, the objects change their owner without a special will. Further actions, including state registration, bear certifying, not establishing character. The acquisition of the right to an object is confirmed by a document issued by a cooperative. It indicates the information that the participant has fully paid the fee.

The specificity of succession

The transition of the right from one subject to another has a derivative character. In practice, sometimes situations arise where it is difficult to understand whether succession is present or not. In determining the property of following, characteristic for real rights, it should be said that in any case it is provided in accordance with general norms (Article 216, paragraph 3). If there are any exceptions, they should be expressly indicated by law. In this regard, in controversial cases, continuity is assumed, unless otherwise stemmed from legislative provisions or the substance of the specific basis for acquiring legal opportunities. As for the last reservation regarding the nature of the circumstances, it is advisable to classify them into 5 categories:

1. Creature.
2. Possession.
3. Broadcast.
4. Redemption.
5. Withdrawal.

Other criteria for identifying succession by experts are not obvious.

Subjective attribute

In a number of cases, the classification of the grounds for acquiring legal opportunities is not based on an objective criterion of succession. Differentiation is carried out on the subjective basis of the will of the previous owner on the appearance of the right of another person. Meanwhile, as experts say, this criterion can not be called universal. This position is conditioned by the fact that legislation in some cases directly allows for continuity even in the absence of the will of the owner. For example, according to Art. 110, 1175, 1149, 1111 of the Code, in the event of the death of the subject, legal opportunities pass to the heirs in unchanged form, that is, including all encumbrances. At the same time, the will of the owner is not taken into account when transferring property under the law, as well as when taking an obligatory share even in the presence of a will.

Additionally

As the basis for the termination of the right of ownership, which at the same time does not act as a circumstance for the emergence of it in another subject, is the death (destruction) of the object. The Code does not provide an exhaustive list of circumstances in which a person acquires legal opportunities for things. Norm should be interpreted broadly. In this case, it is necessary to take into account the grounds for termination of the right of ownership, which are also circumstances for its acquisition by other persons.