In this article we would like to talk about property and its main types. In particular, we will define such terms as movable property and real estate. We will also consider the concept of ownership and discuss its forms and types. We hope you find this information useful.
Property is a complex legal term with different interpretations.
In various legal norms, depending on the scope, this concept can be used in different meanings. It is collective and diverse in composition. Property can be considered as a separate thing or as a certain combination of material values (see Articles 133-135 of the Civil Code). In another sense, this term may also cover property rights (see 301, 303 of the Civil Code of the Russian Federation). In the law of succession, the concept of "property" includes not only objects of the material world and law, but also the obligations of the testator (see article 1112 of the Civil Code of the Russian Federation). Until now, in the legal literature there is no single understanding of property. Nevertheless, many researchers, including V. A. Lapach, support the most comprehensive definition of this term. In their opinion, it should include any products of nature and human activity (including intellectual) that are endowed with a certain valuation and turn into a product, as well as the rights and property obligations that arise regarding them. Summarizing the above, we summarize. Property - this is the main object of civil rights, which includes tangible things (including securities and money), the results of intellectual work and other intangible benefits, as well as property rights and property obligations.
Movable property. Money and securities
In civil matters, things are the most common subject. They are divided into two main types - movable and immovable. Movable material assets can easily move together with their owners, can be generic or individually defined and are usually interchangeable. In paragraph 2 of Art. 130 of the Civil Code of the Russian Federation describes that the category of movable property includes not only various objects of the material world, but also money with securities. The latter are special documents certifying property rights. They have details and an established form. In Art. 143 of the Civil Code of the Russian Federation, various types of securities are described, including government bonds, bills, checks, savings and deposit certificates, a bill of lading, a savings book and shares.
List of objects related to real estate
Real estate is the objects of the material world that are always in one place, having a close connection with the earth, and are irreplaceable. In Art. 130 of the Civil Code of the Russian Federation describes what things may relate to real estate. Their list is as follows:
- objects of natural, natural origin - water areas, bowels of the earth and other natural resources;
- objects that have a close relationship with the land - forest areas, various buildings, structures, buildings;
- objects recognized by the legislature as real estate for various reasons - ships and aircraft, artificial satellites, orbital stations, spaceships, inland navigation vessels, etc.
Article 132 of the Civil Code of the Russian Federation supplements this list and relates to it another type of real estate - an enterprise understood as a property complex used for entrepreneurship and acting as an independent item for sale and other transactions. Also in Art. 1 of the Federal Law (dated July 21, 1997) No. 122-, real estate is considered to be residential premises intended for citizens to live in and meeting all established sanitary, technical, fire and other requirements, and non-residential premises intended for commercial, administrative, warehouse, industrial use.
The concept of ownership. Common property
In this article, we would like to highlight another important term of civil law - "property". In a legal context, it denotes a person’s attitude to a thing he has as his own, and reflects the whole range of property rights. The concept of ownership implies that the subject of legal relations has several rights, including the right to use (the ability to use a thing at will and have income from it), ownership (that is, physical possession of the thing) and an order (the ability to present, exchange, sell an item). Shared ownership is a special type of legal relationship that arises if several persons (two or more) have the rights to use, dispose and own the same good. In this case, the good is common property, may consist of indivisible and divisible things or their combination. A common ownership right may arise on indivisible things if they are inherited by several persons by law or testament. An example is the situation when the children of the deceased testator receive their own housing - a country house.
State-owned property
In the Russian Federation, various forms of ownership are recognized and protected by law, including state, municipal, private. In Art. 212 of the Civil Code of the Russian Federation, their classification is given. State property (i.e. state property, movable and immovable) is represented by two types: federal and property of subjects - republics, regions, cities, territories, etc. The state acts as a subject of legal relations, like any other owner, and therefore has the right to dispose of material and intangible goods at its discretion - to give, lease, sell, etc. Factories, mines, military production, etc. can serve as examples of such property. Their property rights The Russian Federation and its subjects are carried out through state authorities or on special instructions of the President, the Government and representative bodies.
Property of municipalities
Municipal property is a separate form of ownership that exists in parallel with state ownership. Municipal property by law belongs to rural, urban settlements or other municipal entities and is intended to meet the interests of their residents. It is divided into two types: property that is assigned to municipal institutions and enterprises, and property that is not assigned to enterprises and municipal institutions and constituting the treasury. The list of municipal property includes municipal natural and land resources, municipal organizations, enterprises, banks, extrabudgetary funds, housing and housing, etc.
Private ownership. Property of individuals
Private property is classified into property of individuals and legal entities. The first is a form in which the results of production and funds belong to individuals. The private property of an individual may include any property other than that which is excluded by law from the right of private property, the value and quantity of which are not limited (except for certain established cases). Legal entities acting as subjects of property rights can be any commercial and non-commercial organizations - associations, charitable foundations, religious organizations, business partnerships, consumer cooperatives, unions, etc. Exceptions are state, municipal enterprises and institutions financed by the owner. Organization property is any movable and immovable things that any commercial or non-commercial enterprise uses in its production or other activities. This may be equipment, land, money, buildings, raw materials, products, etc. In the Russian Federation, movable and immovable property of an organization is recognized as an object of taxation. In this case, the tax base is calculated as the average annual value of material assets and accrued in accordance with the accounting data of the enterprise. According to the results of the tax period equal to one calendar year, a declaration of property from each organization should be provided.
Instead of a conclusion
So, in this article we answered the question: "Is this property?" and defined important concepts such as “property” and “common property”. They talked about the types of property and found out the difference between a movable and an immovable. In addition, we talked about the forms of ownership existing in the Russian Federation and examined the difference between state and municipal property, as well as private property of individuals and legal entities.