Concept and Content of Property Rights
Concept and content of property rights It presents some difficulty for understandingwhen considering it in the system of civil rights as absolute (protected from other entities) and providing its holder with fairly broad powers for the economic possession of the object of corporeal rights.
One of the key characteristics of property rights is that it is considered subjective law. It grants a certain empowered person the opportunity to behave in relation to the subject of law in a certain way in accordance with the provisions of the law.
The right of ownership corresponds to the obligation for all third parties not to interfere in the relations of the owner and his property and in no way prevent the owner from exercising his right.
Concept and content of property rightsestablishes the grant to the right holder to determine the nature of the use of the property to which this right extends, exercise economic dominance over it and allow others to use it at his own discretion.
Concept and content of property rightsimplies the possibility of the right holder to use and dispose of his property and in accordance with his interests with the property belonging to him, while taking on himself the risks and responsibilities for its maintenance.
The owner of the property realizes his right through such concepts as possession, disposal and use.
The power of ownership is a legally enforceable opportunity to own property in actual (economic) possession.
The power of use - the ability to usefor economic purposes, to exploit property, extracting useful properties from it. The use of property is in some cases directly related to the ownership of the property, since it is possible to use the property, as a rule, only owning it in fact.
The power of disposal presupposes the possibilityindependent determination of the further fate of a thing by changing its belonging, purpose or condition (destruction, donation, inheritance, sale under the contract, etc.)
Concept and content of property rightsis based on the concept of property. It can be in various types of property (private, state, municipal). The state property is divided into the federal property and the property of certain subjects of the Federation.
State property in Russia is property that belongs to the subjects of the Federation: territories, republics, cities, regions, districts. This also includes concept of land ownership. Any land and natural resources that are notwent into the private ownership of citizens, municipalities or legal entities, are considered property of the state. State property is the land recognized as such by federal legislation; ownership of which the state received when delineating state property to the land; which the Russian Federation acquired on the basis of civil legislation.
It should be distinguished subjects and objects of ownership. The subjects of this right are the ownersproperty - any individual, legal entity (with the exception of unitary enterprises and institutions that are financed by owners), municipal and state entities.
The objects of property rights may beproperty complexes, buildings, enterprises, mining outlets, materials, land plots, equipment, structures, money, raw materials, securities, any property of consumer, industrial, cultural, social and other purposes, products of creative or intellectual labor.