The powers of the owner. Concept of ownership

Long since scientists have tried to find out what a civilized society is. And this issue was studied in completely different areas of human knowledge. One of them is right. This branch of human science can rightfully be called the main regulator of relations within society. Therefore, who as not lawyers know what the civilized society is? According to scientists of this field of knowledge, a society in which each participant knows their own and other people's boundaries is allowed to be civilized, and, most importantly, can provide them.

This concept is largely manifested in the existence of such categories as rights and duties. But the legal scientists went further in the process of seeking an answer to the question posed. Even on the territory of Ancient Rome, a judgment was formed that exclusively in a civilized society there can be a property right. This kind of remark is quite appropriate if you analyze the property from different angles. At the same time, the powers of the owner, which will be discussed in this article, are of great importance.

What is property?

To analyze the rights of the owner, it is necessary to understand what is the property in general. To date, two basic concepts for the consideration of property have been formed. First of all, we need to consider the economic nature of this category. From this point of view, property is a collection of all things that belong to a specific subject, citizen, person, etc. In relation to these things, the subject can carry out practically any actions. The economic conception shows the very essence of the existence of these things as objects of the material world. In other words, a person on their basis can profit, losses, etc.

Legal nature of ownership

If we consider property on the basis of a legal view, then the essence in this case is somewhat different. First of all, it should be noted that the legal nature of property is largely revealed in the civil law branch. To be more precise, in civil law, property is an institution, that is, a set of legal norms that exist for the economic regulation of the category presented in the article.

It should be noted that from the economic point of view, the above category is always an object of the material world. The legal nature of property allows for the existence of intangible types of property, for example, intellectual property . Based on the legal nature of the category, it is possible to distinguish such a term as the owner's powers.

History of the legal category of property

The modern regime of legal regulation of property has a long and interesting history of formation and formation. Strangely enough, but the existing regulations in the Civil Code of the Russian Federation in some cases are borrowed from Roman private law. The bottom line is that the ancient Roman lawyers have developed so successful legal designs that their relevance is not lost to this day. The most important and effective rules of property regulation were presented in the main sources of Roman law: the code of laws of the XII tables and the codifications of Justinian. Further receptions of Roman private law allowed to expand and supplement the mechanism of property regulation, and also gave birth to such a specific category as the owner's powers.

Property rights

First of all, it should be noted that the right of ownership is one of two groups of a single institution of real rights in the civil sector of the Russian Federation. But in this case, we will not consider limited proprietary rights, since they are not the subject of the article.

As for the property right, it is a set of homogeneous legal norms of the civil industry that fix the belonging of certain things to specific individuals. The latter, in turn, have a number of duties and rights, which in general are called powers.

What is the owner's powers?

Due to the possession of specific property, a person receives an additional package of rights and obligations. This means that the powers of the owner of the property Appear only in the event that this property actually exists. In other words, a person will not have any rights and obligations in relation, for example, to an apartment that he is going to buy in 20 years. It follows that the rights of the owner appear and disappear only because of the presence of specific legal facts that will be presented later.

Appearance of ownership

To date, civil industry theorists have been arguing quite sharply about the legal facts that cause the emergence of property rights. The problem is that you can identify a large number of similar moments. Nevertheless, there is a long-established legal concept that enumerates the classical legal facts that lead to the emergence of property rights. Thus, the owner's powers arise:

- as a result of the direct manufacture of a thing by one's own efforts;

- as a result of receiving income, fruits, that is, the use of property;

- with the transfer of the right to property under a transaction of sale, gift, etc.

- with the succession of property;

- as a result of finding an ownerless thing.

Termination of ownership

The range of moments when the right of ownership is terminated is not so great. The main legal facts, when the rights of the owner cease to exist, are:

- loss of property;

- waiver of ownership;

- destruction of property;

- alienation of the owner's rights in favor of third parties;

There are also a number of cases provided by the legislator when the right of property is terminated forcibly, that is, if the will of the immediate owner is ignored. Such situations include satisfaction of obligations at the expense of property, confiscation of property, nationalization, compulsory redemption of a site for state and municipal needs, and so on.

Content of proprietor rights

The content of all the available powers of a particular owner characterizes the property right in general. It should be noted that the powers in their totality represent a structured mechanism consisting of three elements. These include the right to own, dispose and use. This construction was formed back in the days of Roman private law. However, the formula evolved and found its practical application in the 21st century. It should be noted that all three elements in their own way characterize the array of powers of the owner of the thing. Therefore, they need to be analyzed not only in the system itself, but separately.

The essence of the right of possession

Earlier we pointed out that the powers of the owner are the right to dispose of the use and ownership. As for the latter category, its essence lies in the physical possession of a thing. In other words, the owner has a real opportunity to economically influence the property. In this case, quite often there is a large number of contentious issues concerning intellectual property. However, even taking into account its intangible nature, intellectual property has a certain material manifestation, to which the right of possession extends.

Specificity of the legal category of use

In addition to the actual possession of a particular thing, the owner has the right to extract useful properties from it. The use is made by direct use of the property. Ownership and use categories are closely related, because it is impossible to obtain any properties from a thing without actually owning it. FROM

It should be noted that the right to use can belong not only directly to the owner. For example, the latter may well transfer this authority to third parties. In this case, the right to a thing remains with the owner. However, other persons can benefit from it along with the owner.

Right of disposal

Some scientists believe that the most important is the proprietorship's right, as an order. If viewed from a practical point of view, then such a judgment is correct, since an order is an opportunity to determine the further legal fate of a thing. In simple terms, the owner has the right to sell, give, lease, etc. However, the theoretical component of the issue is somewhat different. Disposing a thing is certainly important, but this power is only available to those who physically own property.

Thus, summing up with respect to all the powers presented, it must be said that they are related. This fact indicates that the proprietorship rights are not just individual legal opportunities, but a whole structured mechanism.

Features of ownership of land and land

Despite the above classic structure of ownership, in the civilian industry there are times when regulation is not done according to standards. For example, the powers of the owner of a land plot differ significantly from the powers of the owner of the car. And more precisely, the opportunities of land owners are infringed by the duality of regulation. This is due to the fact that the land has a specific legal status. This is not only real estate, but also an object of regulation of environmental legislation. Therefore, in the process of owning, using and disposing of land, the owner must build his behavior based not only on civil norms, but also on the features of environmental law.

Similar difficulties are also framed by the right of lifelong inheritable possession. As a rule, the subject of this power realizes its actions over property only with the permission of the owner, if he is not. But in this case it is necessary to understand what the right of lifelong inheritable possession is, or rather, what spectrum of powers is transferred.

So, in the article we tried to analyze the key powers of the owner. Possession in this case is an additional concept. It characterizes all the existing property of the owner.

In conclusion, it should be noted that this topic still needs to be improved in order to improve its application in the practical field.