Ownership and other property rights

Subjective consideration of the right of ownership implies the degree of probable behavior of the owner regarding things belonging to him. This concept in this sense has its own specificity specific to it.

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

Considering the right of ownership and other property rights, it should be noted that the first concept is used as the original, fundamental. The rest are purely derivative in nature. Moreover, the owners are endowed with special statuses. The right of ownership and other property rights (in particular to residential premises) are for the most part unlimited.

The object in the relations under consideration is a thing that acts as a product endowed with a certain economic value in society. In this regard, the objects of civil rights and property rights do not match. In the provisions of the Civil Code, the acquisition of possession refers exclusively to things.

The right of ownership and other property rights, unlike, for example, obligations, are fixed by law. The subject of civil legal relations is not endowed with the right, at his discretion, to form new varieties of property ownership. But those involved in the obligation can enter into transactions not only stipulated by law, but also not provided by it, but not contradicting it.

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

In the framework of the legal relations under consideration, it is provided not only for the subject to have full authority, but also for expenses, maintenance and other measures to help maintain things in good condition. In accordance with the general rule, it is the owner who bears the entire burden of financial costs regarding property belonging to him. Among the costs, the law provides for the mandatory payment of the corresponding tax. The ownership right and other property rights, therefore, differ in the volume of obligations related to the possession (content) of a thing. In this case, the burden of costs acts as an inevitable necessity and is directly related to the possibility of ownership.

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

The right of ownership and other property rights are granted to persons on the basis of law. At the same time, along with the granting of broad powers, ensuring equal protection of all the possibilities of the owners, the legislator determines the scope for their implementation. So, acts are not allowed, providing the intention to inflict damage on other persons, abuse of possession of other forms (damage to nature, illegal use of a dominant position in the market, etc.).

When considering ownership restrictions, a number of points should be considered. Thus, 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 others, security and defense of the state. In some cases, the special legal regime of property is taken into account. In this regard, a special nature of restrictions on the right of ownership (ownership) is also provided.


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