Rights in rem.


Division into liability and proprietary rightsis one of the most important classifications in the structure of civil rights. The latter indicate the belonging of specific subjects to bodily property (things).

In contrast to the obligation, proprietary rightsare considered a category of absolute law. The rightholder is opposed by a circle of subjects (unlimited). In this case, the opposing entities are obliged not to violate the proprietary rights of their owner. The legal objects are always individually identified property. Property rights are recognized if they are provided for by the existing national civil law system.

The fundamental right is ownership. It is considered absolute. From him as derivatives come other types of proprietary rights.

Along with the right to property, the following rights are recognized for persons who are not owners:

1. The right to lifetime use of the inherited land.

2. The right to permanent (perpetual) use of a piece of land.

3. The right of easement. This concept implies the limited use of someone else's property (land). This right can be permanent and urgent.

4. The right to economic management and operational management of property.

In accordance with the first paragraph, a citizen cantermless (for life) use of inherited land. In this case, the right presupposes not only the possession, inheritance and use of land, but also the right to build. It consists in the erection on the appropriate allotment of buildings, immovable objects, becoming the property of a citizen (builder). This right, in the case of acquiring it before the adoption of the new Land Code, for the heir remains. According to the innovations, this category of rights is excluded.

In accordance with the second point, landThe plots in municipal and state ownership are provided to legal entities or individuals. The reason for this is the decision of a municipal or state body that is authorized to provide land for the above use. According to Article 20 of the Land Code, municipal and state institutions, federal state enterprises, bodies related to local self-government and state power are vested with perpetual (permanent) use. Citizens of the land for permanent (permanent) use are not provided. At the same time, citizens who have the right to perpetual use of land plots can acquire them in ownership.

Proprietary rights to land also assumegranting the right of building. It consists in the possibility of constructing buildings and other immovable objects on the corresponding land area, which become the owner of the builder.

In addition, as real rights are recognizedthe right to pledge, use of living space by members of the family of its owner. There are also persons who are not owners, but openly, conscientiously and continuously own property as their own. Such citizens are entitled to the right of the actual owner. There is also the right to establish, on an independent basis, property and income derived from the permitted activities of the economic direction.

The above rights are limited.

It should be noted that the notion of belongingproperty did not immediately take root in the legal system. Moreover, according to experts, they have not been compiled into a sufficiently coherent structure so far.

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