The concept of property and ownership
The concept of property, as well as the right toproperty is meaningful. Under this concept is understood different property and relationships. There are several basic criteria that characterize the concept of property.
First, the concept of property itself meansappropriation of something, to some person legal or physical. Therefore, if one person, some property or other forms of property belong, then for the others this property is a stranger.
The property relation - impliesrelations that arise between man and property. This is expressed in the fact that the owner of the property refers to him as his own, which requires him to fulfill some obligations to this property. That is, the owner is obliged, cares, stores, repairs if necessary, etc.
Relationships of property - are expressed in relationsbetween people in the context of material wealth. The owner has the right to remove from outsiders the use or management of property, and may dispose of it at his own discretion within the framework of the regulations of the country where he lives.
The concept of property besides this will not be completewithout such a term as the consolidation of property rights, by the way, this term was formed as a result of the emergence of so-called economic property relations. So the right of ownership is ensured through various mechanisms of consolidation, sometimes even compulsory by the state. Almost all branches of the sphere of legal activity, one way or another, are associated with such terms as ownership and the notion of property. Civil law regulates and fixes only a small part of the property relations defined by such a term as the concept of property.
By forms of property relations, they can bedivided into dynamic and static. Dynamic property relations determine the mechanisms, and the procedure for transferring ownership rights from one person to another or a group of persons. And static property relations do not provide for such a transition and determine the order of ownership of the property by one person.
At the same time, the relations of dynamic relationsare often governed by the obligation law (one of the subsectors of civil law), in turn, static relations are directly regulated by the right of ownership.
The concept of property in the context of the lawobjective examination is the following: it is a combination of legal and legal norms and rights that regulate the relationship of belonging to any property possessions, the possibility of owning them, as well as the use and disposal of this property (blessings). In addition, this concept provides for legal means of protecting the owner.
There is a great variety of formsproperty. But for a wide range of people I distinguish two main forms: private and state ownership. Most of the other forms of ownership are a mixed variant between these two basic forms and differ from each other in the degree of responsibility and the order of relations in each individual form.
In addition, the concept of property gives rise to such concepts as the legal and illegal possession of property. Yes, and the very term of ownership also emerges precisely from the concept of property.
Legal possession can sometimes be calledtitle. And illegal possession has a number of forms and can be divided into good faith, that is, when the owner did not know or could not know what is the illegal owner without sufficient reasons, and not conscientious, this is when the owner knows that he owns the property that does not belong to him.