Right to property

Right to property:

 

 

Definition and content - a recognized and legally guaranteed option for one person to have immediate authority (dominance, conduct) to satisfy his or her interests and to ask all other persons to refrain from being affected by it insofar as the law or the rights of third parties do not allow that. Many attempts have been made to make a definition and ultimately it can be said that the right to property is recognized and guaranteed by law the ability of a person to possess, use and dispose in fact and in law with a certain thing and to ask from all others individuals to refrain from any impact on it.

Content of ownership. The ownership right allows the owner to have a different impact on his property. The command, use and disposal are elements of the content of the owner's right. It depends on when, how and if they will exercise them. He may be deprived of some or even of all powers, and yet he remains the owner.

Power possession - also called the right of possession, and differs from possession as a fact. It is the right of the owner to exercise the factual authority over an asset. To hold her and to serve her. Command is an external manifest form of ownership.

Right of use - legal opportunity for the owner to derive the useful properties of the property. He can also earn the proceeds of his property as fruit, livestock growth, and civilian fruit.

Right of disposal - the owner's ability to establish any legal relationship in respect of his property, to mortgage, pledge, create real rights on the property, conclude bond contracts, lease it or loan.

Characteristics of ownership as a subjective right - THE RIGHT OF OWNERSHIP is a kind of subjective civil right. Allows its media to ask any third party to refrain from affecting the owner's property.

The right to property is an absolute subjective right - the circle of legally liable persons is indefinite.

The right to property is a property right - it is valued in money, there is a value expression.

The right to ownership is a transferable right - its medium can be changed.

Property ownership is a complex subjective right - it includes several legal options and several powers of the owner - to possess, use and dispose.

The right to property is an endless right - it is not extinguished with a one-time exercise or not exercising.

The content of the right of ownership is determined by law, not negotiable. It is only when a breach occurs that a specific legal relationship arises between the owner and the offender.

Types of ownership:

The most important criteria are the subject - the holder of the right of ownership.

         According to the Constitution, ownership is private and public. According to the Insurance Act, ownership belongs to the state, the municipalities, the cooperative and other legal and natural persons. Ownership may be public and private. The public is divided into state and municipal. Private property of individuals and legal entities. The right to public property can be the state and the municipalities - they perform state-owned functions. Public ownership is also characterized by the interest in satisfaction that it recognizes. State property is used in the interest of citizens and society, and municipal property is in the interest of territorial communities. They do not act on behalf of the state. Private property serves to satisfy the interests of its bearer.

ACQUISITION OF THE RIGHT OF OWNERSHIP

The most common way to acquire the right in rem is the contractual transfer of ownership.

The right to property on a piece of property is acquired by statute of limitation with continuous possession. Property is required for ten years, and when possession is in good faith - at 5 years. Hedging and wills are a common means of acquiring this right in rem.

The property right is also acquired as a result of creating a new item.

SPACE DIMENSIONS OF THE PROPERTY LAW ON EARTH

The right to property is an absolute right. It is opposed by its bearer to all other legal entities. According to this characteristic, it has to be concretized in its volume, which means not only in its content but also in its possible spatial dimensions.

In the case of movable property, only the content of the subjective property right can be discussed. With them for area dimensions, etc. It can not be said.

In view of the different dimensions, which are three: horizontally, vertically-upwards and vertically-downwards, for land plots / plots, yards, fields, meadows, orchards, etc., there are different specifications in the three directions that will be considered