Property rights: types of proprietary rights, signs and concepts. Property rights are what?

The life activity of every man without exception occurs under the influence of various factors. Some carry a positive result, others - extremely negative. However, there is also a third species that regulates the life activity of a person. Everyone knows the name of this factor, but not all understand its significance. Thus, the main regulator of social relations is law.

This institute appeared long ago, but its most rapid development occurred during the Renaissance. Law, in its essence, is a structured phenomenon. Scientists of our time divide it into branches, institutions and norms. One of the most important and truly key industries is civil. In general, civil law has its own history of development and formation. Many provisions of the industry were developed by ancient Roman lawyers. But the main merit of the industry is not its history. The key point is that lawyers of civil law "built" specific constructions of property ownership, which are used by almost everyone today.

This set of eligibility is called proprietary rights and is a separate sub-sector of civil law. The article will consider the key provisions of real rights, as well as their role in the structure of the entire civilian sphere.

Civil law: concepts

Before considering real rights, types of real rights, you need to analyze the features of civil law. Because real rights are, first of all, part of the civil sector. It should be noted that civil law for the most part is the legacy of the legal system of Ancient Rome. It was the lawyers of that great state that formed key concepts, institutions, traditions and certain types of property rights. Roman law really was the prototype of the modern branch of civilization. Today, civil law is a system of legal norms that regulate the property and personal non-property legal relations of individuals and legal entities. This industry is best suited to meet the private interests of individuals. It is worth noting that some scholars argue that civil law is entirely a branch of regulation of contractual relations. However, such a statement is the deepest delusion, since the structure of the regulation of civilization also includes obligatory, family and other private law relations.

Sources of Civil Law

Depending on the legal family in which this industry is being considered, sources may vary. However, we can distinguish the most common list of sources of civil law used, namely:

1. The legal precedent is used to a greater extent in countries of the Anglo-Saxon legal family, but in the vastness of Europe, where the continental system reigns, also secretly use judicial precedents. The main difference is that in the first case this source is official, but in the second one there is not.
2. The normative act is the key source regardless of the type of legal family.
3. Legal customs.

Speaking specifically about the Russian Federation, the key normative act is the Civil Code of the Russian Federation, created on the basis of constitutional norms.

Subject of civil law

To analyze the concept and types of real rights, it is necessary to understand the features of the object of civilization. It should be noted that all tangible and intangible goods are the object, because of or in connection with which civil legal relations arise . According to the Civil Code of the Russian Federation, objects of the civil sector include things, property rights (work, services), the results of intellectual activity protected by law, and intangible goods. Much of the civil legal relationship is centered around things, and specifically property. Therefore, civilization is so valuable for any legal system. It is with her help that people own and dispose of the necessary things. The objects of regulation by the civil industry are the proprietary rights that are the subject of this article.

Property rights: concept

Real rights, types of real rights Cause a lot of controversy in the scientific civilized environment. The main problem consists in their characterization and allocation from the mass of other powers. However, after a long time, scientists were able to explain the notion of "real rights". it Absolute rights of a subjective nature that provide the possessor with the ability to directly extract useful properties from a thing (individually-defined), to satisfy personal interest. From this concept it is possible to single out a lot of specific features of the sub-sector presented in the article.

Features of real rights

Above in the article it has already been pointed out that proprietary rights are subjective eligibility to use things for their own benefit. But the analysis of the definition of the term and current legislation makes it possible to distinguish the features of these rights, for example:

1. Absolute character indicates that all the surrounding people should refrain from any violations of this kind of rights. In other words, there are countless number of obligated persons.
2. Subjectivity of the law testifies to a claim to some good or form of behavior.
3. Structured property rights, which consists of the right to own, dispose and use.
4. Differentiated character. In general, types of real rights include limited rights and ownership.

It should be noted that the concept and types of proprietary rights in the Russian Federation are regulated by the Civil Code. It is also necessary to take into account that in Russia there is an original approach to understanding this issue. Property rights are understood as a set of legal norms, that is, they take the form of a whole legal sub-sector.

In order to detail the real rights, types of real rights, it is necessary to consider the above two components of this concept separately.

Property rights

Previously, the author stated that the types of real rights in civil law are divided into limited and ownership. The latter category should be considered first, as it is the most complete and has its own characteristic features. However, before talking about the right to property, it is necessary to distinguish the very concept of property. According to the civil doctrine, this category characterizes the relationship between subjects of civil law over any items of a material nature. The concept of "property" can cover two types of specific relationships:

1. Relationship of a person to his things.
2. Relations between individuals about a thing.

The two species represented are the fundamental factors in the development of the concept of ownership. Thus, this category is characterized as a system of rules of law, which consolidates and regulates property relations.

Content of ownership

Like the whole institution of real rights, the ownership of property has its own internal structure. The peculiarity is that each element of the system predetermines the further activity of civil law subjects. As for the elements of the structure, they are the following:

• Right of possession;
• Right of use;
• Right of disposal;

The presented system of powers also characterizes the key property of ownership: the nature of permissiveness. In other words, the owner has the right to perform any actions with the thing, the main thing is that they are within the law and do not violate the rights of other individuals. It should also be noted that, along with the rights that individuals have, there are also obligations. These include the obligation to maintain property and bear the risk of its death or damage.

Possession and disposal

The proprietary rights, the concept, the features, the types of which are examined in this article, are characterized by the availability of separate powers for the subjects, namely: the opportunity to own and dispose of their property (things). Thus, the right of possession is characterized by the factual ability to possess, influence the thing by economic methods, methods, etc. But in this case it should be noted that the legal owner of a thing can be not only the immediate owner, but also other persons who are legally given This possibility, for example, tenants.

The right of disposal has a slightly different legal characteristic than use. The essence of the order is that the lawful owner, the owner has a legally protected opportunity to determine the further legal fate of the thing. It is also necessary to note the importance of such a category as the right to use. The essence of it is that the owner has the opportunity to exploit the useful properties of things, to obtain any useful results for him.

Types of real rights to land

Land is a specific type of property. Due to this fact, we can talk about a special legal regime for regulating the ownership of land and individual plots of land. Types of real rights to land plots Characterized by the existence of a certain dictate from the state. For example, only the state norms determine the purposeful purpose of the land plot.

In addition, there are norms of environmental legislation, which in some cases restrict the legal freedom of the owner of the land, if his actions can cause or have already harmed the environment, etc. However, there are positive aspects of the right to land. For example, it has a broader legal framework. This fact can be clearly seen if we analyze the regime of ownership of structures that are on a particular land. Any building made on any land plot belongs to its owner.

The proprietary rights of non-proprietors

Analyzing the first component of the structure of corporeal relations, it should be noted that ownership is the widest element, because it includes the ability to own, dispose of and use certain things. When we try to distinguish the types of limited real rights (and in general real rights), then there is one key aspect - the owner of the property already exists. Thus, the right to someone else's thing is limited by the ability to own someone else's thing and use it to some extent. Any actions with a foreign thing can only be carried out within the framework of the consent given by the owner.

Features of the rights to other people's things

Despite the substantial limitation of proprietary rights to other people's things in comparison, for example, with ownership, they still have a number of characteristics that need to be taken into account. Such features should be considered as follows:

1. All the rights to other people's things have a special feature to follow the special. This means that with the change of the title owner, the limited right does not disappear, but retains its effect and the subject of realization.
2. All limited rights can be defended and challenged in court, as well as other civil rights.
3. Limited rights are derivatives of property rights, that is, completely dependent on it.

Classification of rights to other people's things

Limited rights have their own systemic classification. This allows us to identify the most important species, namely:

• The right to lifetime inheritance of land;
• The right to permanent use of land;
• Easements;
• Right of building.

A specific group of limited powers are real rights to other people's property arising in the process of ensuring the proper performance of obligations. These include the right to pledge and withholding.

Conclusion

So, in the article an attempt was made to explain the terms "real rights" and "limited proprietary rights". The concept, types and other features of these powers were presented in this article. It should be noted that the issue under discussion still needs considerable refinement and theoretical understanding in order to improve and modernize the institution of property ownership. Therefore, proprietary rights, types of real rights and signs of this set of legal norms are so popular in scientific circles as problems.