Ownership and other proprietary rights

The right of ownership for subjective examination presupposes the degree of probable behavior of the owner relative to the things belonging to him. This concept in this sense has its own peculiar to it.

The right of property is classified as absolute property rights. This means that the owner-owner as an authorized person can independently dispose of the property in personal interests.

Considering the right of ownership and other proprietary rights, it should be noted that the first concept is applied as an initial, fundamental one. The rest are exclusively derivative. In this case, the owners are endowed with special statuses. The right of ownership and other proprietary rights (for living quarters in particular) are for the most part unlimited.

The object in the relations under consideration is a thing acting as a commodity endowed with a certain economic value in society. In this regard, the objects of civil rights and property rights do not coincide. In the provisions of the Civil Code, the acquisition of ownership is exclusively related to things.

The property right and other proprietary rights, unlike, for example, obligatory, are fixed legislatively. The subject of civil legal relations is not entitled at its discretion to form new varieties of property possessions. But those who participate in the contractual relationship can enter into transactions not only stipulated by law, but also not provided for by them, but not contradicting to it.

At the same time, ownership and other proprietary rights should be distinguished. The main difference is that the owner has the full opportunity to dispose of his property. In this case, other persons own other people's property (property) on the basis of a limited property right.

In the framework of the legal relations under consideration, it is envisaged not only that the subject has full powers, but also responsibilities for expenses, maintenance and other measures that help to keep things in proper condition. In accordance with the general rule, it is the owner who bears the entire burden of financial costs in relation to the property belonging to him. The law also provides for compulsory payment of the relevant tax. The property right and other proprietary rights, therefore, differ in terms of the amount of obligations related to the ownership (contents) of the thing. At the same time, the burden of expenditure is an inevitable necessity and is directly related to the possibility of possession.

The maintenance of the property provides for certain obligations related to the risk of accidental damage or loss of things. The owner in this regard can have unprofitable consequences, resulting from damage or loss of property in the absence of someone else's fault.

The right of ownership and other proprietary rights are granted to individuals on the basis of the law. At the same time, along with the granting of broad powers, with equal protection of all the possibilities of the owners, the legislator also determines the framework for their implementation. Thus, actions that involve intent to cause damage to other persons, abuse of possessions in other forms (damage to nature, illegal use of dominant position in the market, etc.) are not allowed.

Considering the limitation of the possibilities of possession, it is necessary to take into account a number of provisions. So, 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, morals and interests of other persons, security and state defense. In some cases, a special legal regime of property is taken into account. In this connection, a special character of the limitations of the right of possession (property) is provided.