Property worried people's minds throughout thethe whole existence of mankind. The development of the latter is directly related to this concept. Thanks to the presence of the institution of property and the rights to it, modern society is actively developing. In this context, the order is an integral force of all economic processes.
Property rights
Such concepts as "mine", "your", allow inlife and determine the meaning of the word "property". That is a certain social order (traditions, laws, rules, regulations, customs and so on) the relationship between human beings behavioral arising in connection with the acquisition and use of wealth.
Legally the right of ownership is a set of legislative norms that fix appropriation of property by subjects of civil legal relations.
The Triad of Authority
Traditionally, civil law in Russia hassubjective representation. In the Civil Code (paragraph 1, article 209), the rights of the owner are disclosed by the so-called triad of powers. It follows from this that possession, use, disposal is a right regulated by law. In other words, it is a legally reinforced opportunity to have, maintain, use property. The essence of the powers - in the possibility of exploitation of property by extracting from it useful properties.
Analyzing the powers associated withproperty, it is necessary to clearly distinguish possession (actual control over property) and the right of possession (the real right to have this thing with you). Similarly, use (extraction of necessary properties of a thing) and the right to use (the real right to benefit from property) are distinguished. From these concepts, the right of disposal is strikingly different. It occupies a special place in the triad. From the point of view of many scientists, the order is the main, most significant right, without which property as such does not make sense.
Authority of disposition
Each owner has a legally bindingthe ability to dispose of their property, as well as the rights to it. The main condition in this case is the compliance of its actions with the law and other normative acts.
In accordance with civil law orderproperty - this is the right of the owner, which gives him the opportunity to perform any legal actions with the property belonging to him at his own discretion. Including:
- alienate (change, give, sell) the property itself and the rights to it to others;
- remaining the owner of the property, transfer the rights of possession, use, disposal;
- encumber property, give it as a security;
- transfer to trust the person (to delegate), which is obliged to carry out its activities in the interests of the owner or the third party indicated in the power of attorney;
- to dispose of property in other ways provided for by law, without violating the legitimate interests of other persons.
Disposal of ownership of property
Often mistakenly believe that the order isright of alienation. Indeed, these two concepts relate to each other. However, not every order is connected with alienation or is it. For example, the registration of a thing for rent or rent. This is an order, but at the same time - and not alienation. These two concepts are similar as gender and kind. Therefore, an order is any alienation.
In addition, the owner can voluntarilyto give up the rights to own property. At the same time, he loses the opportunity to renew the use, possession and right of disposal. This right is provided by law, and the refusal should be expressed in an unambiguous form.
Restriction of authority of disposal
The owner may be restricted right.The order may be curtailed, for example, in cases of arrest, illegal possession of another person, pledge or other circumstances. However, then the owner is not deprived of the right, but only can not exercise it for a certain period of time.
In addition, pursuant to paragraph 5 of Article 55Of the Constitution may restrict civil rights and freedoms precisely to the extent that is necessary to protect the constitutional order, health, the interests of other persons, morality, and so on. D. With this in mind, we can conclude that only on the basis of federal laws may limit property rights in general and orders in particular.
At the same time, any restriction has its ownlimits. The established framework should not be arbitrary, but dictated exclusively by necessity. All such restrictions must meet the requirements of fairness, expediency, legality, proportionality.
The main motivations for restricting the rightproperty, are the finiteness of natural resources, housing deficit, reducing the consequences from the use of sources of increased danger, sanitary standards and other.
It is inadmissible to restrict the right to dispose of property for the purpose of unhealthy competition, creating a threat, protecting the illegal interests of citizens.
Legal characteristics of funds
For subjects of civil legal relationsfixed ownership of property (tangible and intangible). The legislator defines monetary assets as movable property (part 1 of article 302, part 1 of article 307 of the Civil Code), and therefore they participate in civil law relations. The bulk of money is in circulation and constantly moves between subjects of legal relations, some of which lose their ownership, and others acquire it.
Cash management isthe ability to dispose of them as a universal means of payment for goods and services. In themselves, money does not have consumer value. The value of them is determined through the exercise of the powers of the owner by order.
