Ownership is a widespread legal concept that every person encounters. Let us further consider its main provisions, as well as all the grounds for the emergence of property rights that exist in modern legal practice.
General concept
The concept of ownership is provided for by the content of civil law currently in force in the Russian Federation. Its provisions say that the right of ownership means a whole set of rules of a legal nature, the action of which is aimed at the legal regulation of the use, disposal and possession by the owner of certain things that belong to him. Moreover, he has the right to perform all of the above actions on the basis of personal considerations and at his discretion, as well as in personal interests.
The legislator categorically prohibits any interference by other persons in activities related to the possession and disposal by the owner of his property, which he disposes legally.
Grounds for the emergence of property rights : general provisions
Generally speaking, this concept, as well as a complete list of cases where a particular person may have legal ownership, is considered in the content of the Civil Law of the Russian Federation.
The Civil Code states that the grounds for the emergence of a property right are certain facts of a legal nature, in the presence of which the considered right appears. In parallel, the legislator divides them into derivatives and initial ones.
The original grounds for the emergence of property rights are understood to mean all those for which there is no fact of succession. In other words, the initial basis is considered when the thing only appeared, that is, it was created by a person, or the previous owner lost the right to use it legally, and also when the early owner of a particular thing is unknown and its establishment is impossible, vivid an example of which is a treasure trove.
Under the derivative grounds for the emergence of a property right is understood those in which the right in question arises on the basis of a previous status of the same person or object of another person. As practice shows, this type of acquisition is characteristic of the contracting procedure. A second example of this type of succession is the fact of inheritance.
The concept of the basis for the emergence of property rights includes the internal division of the two above groups into separate facts that are prescribed by civil law. Further we will consider each of them in more detail.
Creating a new thing
Under the initial basis for the emergence of property rights understand the creation of things for the first time from those materials that belong to the future owner. It should be noted that a newly created thing will be considered the property of its author only when a person acquires this legal status in the manner prescribed by law.
The Civil Code stipulates that if a newly created thing belongs to the category of real estate, then the author is obliged to carry out its state registration - from that moment he will be considered its owner. As for movable objects, the creator has this status at the time of their production.
Special attention should be paid to the basis of the emergence of ownership of products or fruits, as well as income that was received during the operation of things and property. In the described situation, the right in question arises automatically from the legal owner of the object.
In the event that a person manufactured an object from other people's materials, then the ownership of this thing will belong to the owner of the raw material. The same, in turn, on the basis of civil principles, is obliged to reimburse the manufacturer all those expenses that arose in the process of creating the object, that is, the cost of processing. An exception to this rule are those cases when the price of work substantially exceeds the cost of materials.
Conclusion of agreements for the alienation of property
The derivative basis for the emergence of a property right means the fact that an agreement is concluded on the alienation of property by one person and transfer of the right to it to another. Vivid examples of such agreements are contracts of sale, exchanges, life-long maintenance, as well as annuities and gifts. All contracts that are included in the specified list have a common feature - their main subject is the fact of transferring a thing or object from one side to the other. Moreover, this process can be carried out both on a free and on a paid basis.
For the acquirer, the right in question arises from the moment when the thing indicated by the agreement actually transfers to another person. However, this condition is generally accepted and, if necessary, can be changed to another, which should be indicated in the content of the contract itself.
As for the fact of transferring the thing, it is considered not only its delivery to another person, but also its delivery to the carrier, which undertakes to deliver it to the acquirer.
In some cases, it turns out that the thing that is transferred into the ownership of another person was previously at his disposal. A striking example of such a situation is the circumstance when a person rented an apartment, and then, after some time, decided to purchase it. In this case, the acquirer will be considered the legal owner of the home (or any other thing transferred under similar conditions) from the moment the contract was concluded. The legislator provides for a certain number of cases when the transferred property must be subjected to state registration. In this situation, the right in question arises from the moment the registration was made.
Property Inheritance
Among the general grounds for the emergence of property rights, the legislator singles out the fact of inheritance of property previously owned by individuals.
In the manner prescribed by law, certain property passes into the ownership of another person called the heir, and this is possible only after the death of the testator.
The legislator distinguishes between two types of inheritance: by will and by law. If we examine separately the concept of a will, then it is a document drawn up personally by the owner of the property (testator), submitted in writing and mandatory certified by a notary. The Civil Code provides for a number of cases where a document is not required to be certified by a notary (if there is no actual possibility of access to a specialist), however, such documents must be signed by a senior official (chief doctor of the hospital, captain of the vessel, commander of the military unit, head of the place of deprivation of liberty )
The inheritance procedure is carried out in accordance with the general procedure established by law when there is no will written by the owner of the property. In this situation, the heirs are divided into several groups prescribed by law, and have the right to receive property in appropriate shares, in the order of their turn. Persons classified as heirs of a certain queue have the right to obtain ownership of property if representatives of the previous group do not have the right to inherit it, if they gave a written refusal to receive it, and also if representatives of the previous queue are simply absent .
Succession
The practical application of this derivative basis for acquiring ownership of objects and things is possible only when there is a fact of reorganization of a legal entity. In this situation, there is a certain dependence of a legal nature on the rights of the acquirer on what rights the predecessor had.
This type of acquisition of ownership is similar to inheritance. The main difference is in the circle of persons among whom this action can be committed. In the case of inheritance, transfer of status to owners is possible only between individuals, and if we consider succession, then, on the basis of the law, it can be carried out exclusively between organizations, enterprises or institutions and only if they are reorganized.
In the event that several legal entities merge together, then all property rights pass to the newly created legal entity, unless otherwise provided by the agreement drawn up between them. If the accession procedure takes place, then within the framework of its implementation, the property rights are transferred to the main person to whom the accession was issued.
It should be noted that the procedure for the reorganization of legal entities can be carried out not only by merger, but also by dividing one large into several smaller ones. In this situation, a deed of transfer is drawn up between the parties, indicating all the conditions and volumes of the property right for each newly created person.
Public ownership of property
Considering the list of methods and grounds for the emergence of property rights, you need to pay attention to the procedure for applying to the property those things that are recognized as generally available. Such a basis applies to cases where a person acquires the right in question for berries, herbs, fish caught, and also animals killed during hunting. The ownership right to all of these things, obtained by legal means, is acquired by the person who made the extraction.
The legislator also establishes some possibility for a person to acquire ownership of an unauthorized building if it is legalized in the prescribed manner.
Acquisition of property for which the previous owner lost the right
A similar basis for the emergence of property rights is quite multifaceted and can be applied to many life situations. Vivid examples of such are the redemption by a certain person of things that belong to the category of ownerless, privatization and confiscation. Nationalization, the process of transferring certain things from private property to state property, can also be included in this group of grounds.
In addition to all of the above, the considered group of grounds may include the acquisition of the considered status of the owner as a result of exacting measures by the court on certain property that occurred as a result of certain circumstances in which the early owner no longer has the right to possess it. If the transfer of ownership status occurs on this basis, then, in accordance with the provisions established by law, such a right to property of the original owner ceases at the moment when it passes to the disposal of another person.
Ownership of orphan items
One of the initial grounds for the emergence of a property right is its establishment on ownerless things. In accordance with the provisions regulated by law, such a thing is recognized as one which does not have an owner or the person is unknown and cannot be established. This concept also applies to those objects that the legal owner has refused.
All orphaned things are registered with the authority that carries out their registration, and the establishment of ownership of a particular person on them is based on an application considered by the self-government body at the location of the facility. It should be noted that the owner, who previously abandoned the thing, as a result of which it was deemed ownerless, does not have the right to re-own it.
Acquisitive prescription
In modern legal practice, such a concept as acquisitive prescription is very common. It means that a person who for 15 years or more quite openly exercises actual ownership of the object and does it continuously, automatically acquires the right to own it on completely legal grounds. This is a derivative basis for the emergence of property rights.
In the event that it is an object subject to mandatory state registration, then after 15 years of permanent and open use, the future owner is obliged to perform registration actions in the prescribed manner - only from this moment he will receive the right to dispose of this property.
The calculation of the statute of limitations begins from the moment when the period allotted as the statute of limitations of the claim type passes according to the relevant requirements (based on the provisions of the Civil Code - 3 years).
Termination
A full list of grounds for the emergence and termination of ownership of property is provided for by the civil legislation of the Russian Federation. Among the grounds on which a person may have the right to dispose and possess a certain thing, the legislator considers, first of all, the voluntary refusal of its owner from this right. It is also possible when the property has been destroyed, lost or when its use is no longer possible due to actual depreciation.
The considered list of grounds for the emergence and termination of the right of ownership also indicates that in certain cases that comply with legal requirements, this right may be terminated by force. First of all, this applies to cases when a claim is made to property for non-fulfilled obligations by a person. Also, such a group includes situations when property is disposed of as a result of the fact that, on the basis of the law, it can no longer belong to a certain person.
The legislator establishes certain grounds for the emergence of ownership of land, in the framework of the acquisition of which the future owner is obliged to indicate the purpose of use of the site. In the event that it turns out that the land is not used for a predetermined purpose, the plot may be withdrawn by force (by court order).
Ownership of money and securities may also be terminated by force on the basis of a court decision. The law establishes that the reason for this may be the illegality of the acquisition of these facilities, as well as the purpose of using them to promote terrorism or to violate the security of the country, as well as certain regions of the state.
In the event that the state takes ownership of the property of organizations, institutions or enterprises forcibly, it is obliged to fully compensate for all losses that the previous owner incurs in connection with the actions taken, as well as the full cost of all property.