The life activity of every man without exceptionoccurs under the influence of all sorts of factors. Some carry a positive result, others - extremely negative. However, there is a third species that regulates the life of a person. Everyone knows the name of this factor, but far from everyone understands its significance. Thus, the main regulator of public relations is law.
This institute appeared long ago, but itsthe 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 competences is calledproperty law 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 propertyrights, 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 between 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:
- The legal precedent is used to a greatercountries of the Anglo-Saxon legal family, but on the expanses 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.
- A normative act is a key source, regardless of the type of legal family.
- 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, the 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 civilizationenvironment. 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, subjective nature,which provide the possessor with the ability to directly extract useful properties from a thing (individually-defined), to satisfy personal interest. From this concept can be identified a lot of specific features presented in the article sub-industry.
Features of real rights
Above in the article it has already been pointed out that property rightsAre subjective competences to use things for their own benefit. But the analysis of the definition of the term and the current legislation makes it possible to distinguish the features of these rights, for example:
- 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.
- Subjectivity of the law testifies to a claim to any good or form of behavior.
- Structured property rights, which consists of the right to own, dispose and use.
- Differentiated character. In general, types of real rights include limited and ownership rights.
It should be noted that the concept and types of real rightsin the Russian Federation are regulated by the Civil Code. It is also necessary to take into account that in Russia it is peculiar to understand this question. Property rights are understood as a set of legal norms, that is, they take the form of an entire legal sub-sector.
In order to disassemble in detail the real rights, types of real rights, it is necessary to consider the above two components of this concept separately.
Previously, the author stated that types of real rightsin 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:
- The relationship of a person to his own thing.
- Relations between individuals about a thing.
The two species represented arefundamental factors in the development of the concept of ownership. Thus, this category is characterized as a system of rules of law that consolidates and regulates property relations.
Content of ownership
Like the whole institute of corporeal right, powerproperty has its own internal structure. The peculiarity is that each element of the system predetermines the further activity of the subjects of civil law. As for the elements of the structure, they are as follows:
- right of possession;
- right of use;
- right of disposal;
The represented system of competencies alsocharacterizes the key property of property: 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
Real rights, concept, features, types of whichare considered in this article, are characterized by the availability of separate powers for the subjects, namely: the ability to own and dispose of their property (things). Thus, the right of possession is characterized by the actual possibility to possess, influence the thing by economic methods, methods, etc. But in this case it should be noted that the rightful 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 differentlegal characteristic, rather than use. The essence of the order is that the lawful owner, the owner has the possibility, protected by law, 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 intended purpose of the land plot.
In addition, there are norms of environmentallegislation that in some cases restricts 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 reallegal 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 identify the types of limited property rights (and in general proprietary rights), then there is one key aspect - the owner of the property already exists. Thus, the right to someone else's thing is limited to the ability to own someone else's things 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 limitations of propertyrights to other people's things in comparison, for example, with the right of ownership, they still have a number of characteristic features that need to be taken into account. Such features should be considered as follows:
- All the rights to other people's things have a special feature to follow the special. This means that when a title owner changes, a limited right does not disappear, but retains its effect and the subject of implementation.
- All limited rights can be defended and challenged in court, as well as other civil rights.
- Limited rights are derived from the ownership right, 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;
- right of building.
Specific group of limited powersconstitute property 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.
Thus, the article attempted to explainthe 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 proprietary rights and signs of this set of legal norms are so popular in scientific circles as problems.</ p>