Classification of things in civil law: divisible and indivisible, movable and immovable things. Things as objects of civil rights

In the civil law of the Russian Federation and many other countries of the world the definition of the concept "thing" is given in the context of various legal relations. This term can correspond to objects of law, which are classified on various grounds from the point of view of the applicability of certain transactions as an object, as well as when assigning a property to a particular sphere of legal relations. What approaches in this sense are proposed by Russian civil legislation? How do you evaluate the classification of things listed in the relevant sources of law of the Russian Federation, lawyers?

The thing as an object of civil rights

Before we consider how the classification of things in civil law is carried out, we will study what they represent from a legal point of view. For this, let us turn to the provisions of the Civil Code of the Russian Federation.

In accordance with Art. 128 of the Civil Code of the Russian Federation, a thing is an object of civil law along with other types of property that can be represented by money, securities, ownership of something.

In some cases, the legislator establishes legal mechanisms for protecting property rights for certain types of property. For example, currency values can be protected by banking legislation - when they are placed on deposits within the established limits. The specific legal mechanism in this case depends on the specific type of property.

In the event that, in relation to an object, the legislator has not established mechanisms for protecting property rights, then citizens participating in legal relations in which these types of property are the main subject have the right to initiate the establishment of contractual norms. For example, in the form of an insurance contract or a pledge. In the event that a person entering into legal relations has difficulties in the exercise of his rights, he can compensate losses or incomplete profits with the proper drawing up of an appropriate contract.

The thing as an object of law has an important characteristic - turnover, which is also one of the criteria for classifying property. We will study what it is.

Productiveness of goods

In accordance with Art. 129 of the Tax Code, various objects of rights may be alienated from one owner to another in the manner prescribed by law. This is the ability to work. In some cases, the law may impose restrictions on the transfer of things from one owner to another. This is possible due to a court decision or a rule of law that presupposes the existence of a special permit for the alienation of an object by the owner in favor of other persons. In this case it is a question of such a category as limitedly negotiable things.

It can be noted that special rules are established for products of intellectual activity. Literary work or, for example, a computer program, as an object of law in any case belong to the author, but he has the opportunity to alienate the exclusive rights to use them - through sale or, for example, licensing.

Transactions with objects of intellectual property should be carried out in accordance with established legal mechanisms. This requirement is determined by law, again, in order to protect property rights related to this category of objects of law.

What can be caused by limitations in the ability to work things out?

It will be useful to consider in more detail then, in connection with which the turnover of things can be limited. Most often this is due to the provisions of individual sources of law that regulate the legal status:

• Objects that are in state or municipal ownership and transferred to public use;
• Archival materials;
• Forbidden texts, multimedia materials, sites;
• Dangerous chemicals, weapons, ammunition, missiles.

Thus, the turnover of the relevant categories of facilities can be extremely low: in many cases only certain categories of persons are eligible to carry out transactions with them. For example, their manufacturing plants and direct customers. With respect to transactions with corresponding types of objects, additional state control may be established. Attempts by some persons to transfer ownership of any of the things whose turnover is limited to others without permission may be accompanied by the application of strict sanctions determined by law.

The next criterion for classifying things is attribution to movable or immovable. Let's study it.

Real estate and movable property

Classification of things in civil law can be carried out proceeding from their assignment:

• To real estate;
• To movable.

It is customary to refer to things of the first type:

• land;
• Buildings, structures;
• bosom.

The main feature of these objects of law is the impossibility of their movement from one place to another without disrupting the integrity. In some cases, the law can be defined as referring to real estate certain means of transport - for example, aircraft, sea and river vessels, space vehicles, which are subject to registration in state bodies in the prescribed manner. To the real estate by virtue of the law can be attributed and other objects of different purposes.

The rest of things that do not fall under the criteria we consider belong to movable property. In general, their registration with state bodies is not required, but it is possible if this is required by virtue of the provisions of the law. Personal belongings of household purpose, relatively simple technique, as a rule, are not subject to registration in the registers of competent state structures. However, cars and some other means of transport are subject. However, in a number of contexts, they can be considered as personal things.

Note that registration of rights to certain objects that belong to citizens and organizations may differ. But, one way or another, one of the key features that differentiate immovable and movable things is the need to include information on certain types of property in special registers that are under the jurisdiction of the competent authorities. Let's study this feature in more detail.

State registration as a factor in distinguishing between immovable and movable things

The basic legal norms governing the procedure for state registration of property are also reflected in the Civil Code of Russia. Thus, Article 131 of the Civil Code of the Russian Federation establishes rules for making information on real estate in the registers of competent authorities. Thanks to the operation of these norms of law, the protection of property rights and other proprietary rights in relation to the respective type of property is provided above all. A person owning a property can always confirm this fact, if information about this is contained in state registers.

In accordance with the provisions of Art. 131 Civil Code, registration in the competent authorities are subject to ownership, economic management or operational management, inheritance, permanent use, easements, the fact of registration of real estate in a mortgage. Objects of registration can be other types of property, if this is determined by the provisions of the law.

The competent state body, which makes information on the property of certain persons in specialized registers, certifies the fact of registration of the right to it by a separate document. In addition, this government agency is obliged, at the request of interested persons who have the right to implement it, to provide information from the registries about certain objects.

A special category of property defined by the Civil Code of the Russian Federation is an enterprise. This term has a much broader interpretation than the concept of thing in civil law, but, one way or another, is related to the legal category in question. We will study how the Civil Code of the Russian Federation determines the essence of the enterprise and regulates legal relationships within which certain transactions with it can be carried out.

Enterprise in civil law

Under the enterprise, proceeding from the norms of the Civil Code of the Russian Federation, one should understand a complex, which consists of various types of property used for the purpose of exercising by their owner or manager of entrepreneurial activity. In general, the enterprise - as a single complex, is classified as real estate. However, in its composition may be in the widest range represented and movable things. Such as, for example, machines, inventory, raw materials, materials.

In the property complex of the enterprise there can also be objects of intellectual property and even be at the same time its most valuable resources. Thus, things as objects of civil rights, individually being movable, when considered in the context of the property complex of an enterprise can be classified as part of an immovable object.

The next criterion for dividing things into different categories is their attribution to divisible and indivisible. Let's study their specifics in more detail.

Classification of things into divisible and indivisible

Classification of things in civil law for divisible and indivisible is defined in the provisions of Article 133 of the Civil Code of the Russian Federation. In accordance with these norms of law, there are things that can not be divided into constituent parts without destroying their functionality, consumer properties or changing their purpose. These types of property belong to indivisible things. In this case, if any constituent parts of the relevant object are replaced by others that are similar in properties, and if this replacement is not accompanied by the formation of another thing - the property remains indivisible. Objects that do not meet this criterion are, in turn, divisible.

Sometimes it is difficult to determine divisible and indivisible things. For example, if we are talking about a TV set, then if it detaches parts from it, for example, the top cover, it will remain functional. But if you remove from the appropriate device, for example, any of the microcircuits, then it will stop working. In the first case, the TV will be a fully divisible object, in the second case it is obviously indivisible.

There is a special category of property - a single immovable complex. Its legal nature is defined in the provisions of Article 133.1 of the Civil Code of the Russian Federation. We will study the specifics of this type of property in more detail.

Single real estate as a special kind of property

Things as objects of civil rights can be represented in the form of single immovable complexes, which are a collection of different buildings, structures, line objects, infrastructure elements that are combined technologically and have a general purpose.

The main criterion for combining these or those types of property in the corresponding object of civil law is the presence in the state register of a record confirming the fact that they form a single immovable thing. It can be noted that in the general case, single property complexes are classified as indivisible.

The next criterion by which property can be classified into one or another variety is the assignment of an object to simple or complex. Let's study this feature in more detail.

Simple and complex things

Complex objects include objects that are interconnected so that they become possible to use within a general purpose. From a legal point of view, those transactions, the subject of which is a complicated thing (an example is a set of furniture) also applies to those objects that are part of its structure. If this is a set of furniture, then the property rights that have arisen from its purchase extend to the tables, cupboards, chairs that enter it, and so on.

Things that do not correspond to the criterion considered are simple. A separately purchased type of property of this type does not imply the extension of ownership of others that may be close to destination. Such objects can be represented in an extremely wide spectrum - practically at any time in the environment of a person it is possible to find the corresponding example. Simple things in everyday life of modern man - a huge amount. This can be individually taken pieces of furniture, utensils, tools.

In civil law, things can be viewed in one context with objects in the status of belonging. Let's study this feature in more detail.

Things and accessories

So, we examined how the classification of things in civil law is carried out. It will be useful to supplement our study with consideration of the essence of such objects as accessories. Their specificity is determined by the provisions of Article 135 of the Civil Code of the Russian Federation.

In accordance with these norms, membership is a thing that is used to service other property, which is the main thing in relation to it. From a legal point of view, property rights for transactions with the main thing also apply to the items that correspond to it. However, another can be established by the terms of a particular transaction.

Special categories of property - fruits, products, as well as commercial incomes. Civil law of the Russian Federation presupposes their appearance as the result of the possession of a particular subject by a certain thing. Their specificity is determined by the provisions of Article 136 of the Civil Code of the Russian Federation. Let us study these rules of law in more detail.

Fruits, products and incomes as the results of possession of a thing

Indeed, Article 136 of the Civil Code states that the fruits, products, as well as commercial incomes that appear in this or that person, are due to the presence of any thing in it. This feature predetermines the emergence of the right to them, regardless of who used the relevant thing, from the owner of this object of law. However, a different state of affairs may be provided for by law, by contract or from the essence of legal relations.

Legal assessment of the classification of things under the Civil Code of the Russian Federation

What do lawyers say about the classification of things that we considered under the Civil Code of the Russian Federation? According to experts, the approach implemented by the legislator in drafting the provisions of the Civil Code as a whole reflects the concept of classifying things into categories that is common in the world legal practice.

In some aspects, according to lawyers, the approach of the Russian legislator can be improved. For example - in terms of the relationship between the concepts of "thing" and "property rights". In the Civil Code they are quite clearly demarcated, but this does not always reflect the essence of legal relations. According to experts, the optimal classification of things, from a legal point of view, can be carried out taking into account their physical properties or consumer qualities that predetermine the options for their use in certain types of economic activities.

Scientific approaches to the classification of things

Many experts also speak about the possibility of considering the classification of things into additional categories not included in the Civil Code of the Russian Federation. For example, such as:

• Real and conditional;
• Unique and generic;
• Consumed or non-consumable;
• Once and repeatedly used.

In the legal science, a classification is widespread, according to which things should be divided into those that:

• Are common to all;
• Appear on the basis of divine law;
• Are public;
• Can not be subordinated to the domination of specific individuals.

This approach allows, if necessary, to classify things in the course of legal relations involving specific categories of subjects - citizens, organizations, authorities in accordance with the norms and ideals of society, religion, traditions, culture.

Summary

So, we have studied how the essence of things is defined in Russian civil law, and also on the basis of what criteria they are classified. In accordance with the provisions of the Civil Code can be identified:

• Negotiable items, as well as those that have restrictions on this criterion for the implementation of transactions;
• Movable and immovable;
• Divisible things and indivisible;
• Simple objects and complex ones;
• Main things and accessories supplementing them.

It is worth noting that in the jurisprudence of common points of view on which things, as objects of law, can be classified and for many other reasons.

There is an opinion that the classification given in the Civil Code of the Russian Federation should be supplemented or revised in some aspects, since it is problematic to attribute an object to a particular category by many criteria.

The Civil Code of the Russian Federation contains norms that make it possible to protect property rights and other proprietary rights. These legal provisions can be supplemented by those contained in other sources of federal regulations. Thus, real estate transactions are subject to state registration - a procedure whereby information that a particular object belongs to a particular citizen or organization is recorded in the registers of the competent authorities. Certain legal norms have been established for the protection of intellectual property. They fall under the jurisdiction of the norms of law that provide protection of property, currency values.

Classification of things, cited in the Civil Code of the Russian Federation, in practice can be applied to improve the quality of drafting contracts in various legal relationships as a theoretical tool in jurisprudence and as a source of knowledge of lawyers, used to optimize certain mechanisms of legal regulation of relations between citizens and organizations in transactions with property .