Senate (76/393) and Mr. Pobedonostsev, based on the fact that Art. 555 is placed in the section dedicated to divisible property, allowing a participant to dispose of his share in indivisible property only with the consent of other comrades. However, there is no such restriction in the law, and therefore, taking into account the general rule of Art. 420, which allows the owner to dispose of his property “independently of a stranger” and bearing in mind that the divisibility or indivisibility of property does not change the essence common property, it should be recognized that the opposite opinion adopted by the majority of our lawyers is more correct.

3. According to the third principle, participants must bear all the benefits and disadvantages associated with common property in proportion to their shares.

Article 545 directly states: income received from common undivided property belongs to all partners according to the proportionality of the parts, as well as the obligations thereon. Article 554 repeats the same thing regarding income from divisible property, being silent about the obligations, but this gap must be filled by analogy in view of the complete similarity of both cases. Therefore, if any of the participants avoids fulfilling their obligations, such as, for example, the costs of insurance or property repairs, then the rest have the right to take the necessary measures and then demand a proportionate remuneration from him (87/29; 80/7) .

Termination of common property. Each individual participant can leave by transferring his share to another person. Moreover, if common property belongs to the number of divisibles, then the participant has the right to demand the allocation of his part (71/432).

The right to apportion follows from Article 555, according to which “no one is obliged to remain a partner in the common estate subject to division unless he has expressed his consent,” i.e. if you have not committed to special condition refrain from demanding partition temporarily or permanently (76/254).

However, in these cases, common property will not cease, but only a change in its subjects will occur. In order for it to cease to exist, it is necessary either to replace all subjects with one, or to divide the common property.

1. Replacement of subjects of common ownership by one person occurs when one of the participants or an outsider acquires the shares of all participants. In a similar way, all common ownership of both divisible and indivisible property can cease.

2. The division of common property between participants is possible only if the property is divisible (X, 550). It can be voluntary (amicable) or forced. The first is accomplished by a divided deed according to the rules of notarial provision. The second is carried out at the request of one or more accomplices in the procedure of judicial and boundary proceedings. This is what the Senate explained (91/23).

But, applying to 550 Art. historical interpretation and having considered its sources, one would have to come to a different opinion and admit that the division should be made by the general judicial procedure in relation to the rules established for inherited property(X, 1317 et seq.) .

§ 17. Subject and object of property rights

1. Every person, both an individual and a legal entity, can be the subject of property rights, unless his legal capacity is limited in this regard by a special legislative resolution. Similar restrictions are established by our law for certain categories of persons. So, for example, Jews cannot, in the Pale of Settlement, acquire ownership rights to real estate outside towns and cities; persons of Polish origin and foreigners are subject to the same restrictions in the western region (see I issue, pp. 97-101).

2. The object of ownership can be all bodily things that have not been withdrawn from civil circulation (I issue, pp. 116-117).

3. The right of ownership, as the most extensive and comprehensive dominion, covers the entire object, in its entirety and in all respects, with all its fruits, increments and accessories (X, 425, 424, 431).

4. This provision, when applied to land plots, means that the owner has the right not only to the surface of the land, but also, on the other hand, to air space, located above it and necessary for its exploitation (87/93), and on the other hand, on its bowels (X, 424).

5. From the right of ownership to the surface of the earth follows: 1) the right of ownership to all natural products of the earth located on it (plants, minerals, etc.); 2) ownership of closed reservoirs (ponds, lakes, rivers, etc.) covering the surface of the earth, either permanent or temporarily formed from rain, spills, etc. (X, 424; 78/287); 3) exclusive right hunting within own plot on the wild animals living on it (X, 539, note 1).

6. From the right of ownership of the air space located above the site, follows the exclusive right of the owner to use this space for his own purposes, such as: for buildings, for hunting flying wild birds, etc.

7. Ownership of the subsoil of the earth gives the exclusive right to extract from it minerals of all kinds (metals, minerals, stones, etc.), underground water (76/503), as well as treasures, i.e. hidden treasures unknown by whom (X, 430).

8. Finally, the right of ownership of closed reservoirs is associated with the exclusive right of fishing, mining of minerals, plants, pearls, etc.

All of the listed powers that belong exclusively to the owner are usually expressed in this way: the owner of the land has the right of ownership to wild animals found within the boundaries of his possessions, to everything that is in the bowels of the earth, to treasure, etc. This method of expression is inaccurate, since wild animals , fish, fossils and other specified objects can become the object of property rights only when they enter into civil circulation, i.e. when the owner or other person actually takes possession of them.

9. Our legislation provides land owners with some other powers that do not arise from their rights to land. These powers, known collectively as coastal law, are as follows:

a) The owner of land whose borders are in contact with any water reservoir that is not anyone’s private property, has the right to use the mass of water that is in each this moment off its shores (75/332), as well as to fish in it, extract minerals, pearls, etc., without, however, interfering with this navigation (X, 464, mouth. agricultural., 271, 272, 276, 277 , 771). The only exceptions are large lakes and seas, which are open to the use of everyone, and not just coastal owners (X, 406; oral agricultural regulations, 208, 209; 80/36)

b) If the border between estates is a river, then “each of the owners, according to coastal law, can use it from his bank to the middle” (X, 428).

10. From the above it is clear that the right to use waters and their natural products (fish, pearls, minerals, etc.) can belong either to everyone (in seas and lakes taken from private property), or only to land owners. The latter, in turn, have this right either by virtue of their ownership of the surface of the earth, which is the bottom of a given reservoir, or by coastal law. Moreover, the use of water can serve as maintenance special right on someone else's property (easement, land, X, 463) and belong to an outsider (for this, see the doctrine of easements).

§ 18. Acquisition of ownership rights

1. The right of property, as a power based on law, can be acquired only by means specified by the law itself.

Article 699 X t. directly says: “rights to property are acquired no other way than by methods specified in the laws.”

2. The acquisition of property rights, like other rights, is initial if the right of ownership arises in a given person independently, regardless of anyone else’s rights, and derivative if it passes to to this person from the previous owner (I issue of the "Textbook", p. 137). Accordingly, the methods of acquiring property rights are divided into primary and derivative.

Some authors propose other divisions of these methods, distinguishing, for example, methods necessary and arbitrary, mediocre and direct, related to possession or not related, etc. But all these divisions seem from a legal point of view to be completely pointless, since they do not lead to any how significant legal consequences. On the contrary, the difference between the initial and derivative methods of acquisition is important, affecting the property of the acquired property right: with the original methods, the acquirer acquires a new property right, and with derivatives, someone else’s right is transferred to him in the form in which it had its previous owner.

3. The division of methods for acquiring property rights into initial and derivative ones is not directly expressed in our legislation, but follows from Art. 420. X t. and from decisions on private issues.

Article 420 distinguishes between the “first acquirer of property” and subsequent ones, to whom it “reached directly or through subsequent legal transfers and consolidations.” Obviously, the basis of this difference lies, as Kunitsyn noted, the division of acquisition methods into primary and derivative.

Meyer, based on the incorrect definition of the initial methods of acquisition and the incorrect interpretation of Art. 406 X t., came to the conclusion that these methods are completely unknown to our legislation. Namely, having expressed the opinion that “the initial, or direct, methods are considered to be those by which the right of ownership is established for an ownerless thing, i.e., not in anyone’s property,” he notes that “in our legal life there are no ownerless things , since according to Article 406, things that do not belong to anyone in particular belong to the state." But firstly, the initial methods of acquisition are characterized not by the ownerlessness of the thing, but by the independence of the acquired property right from someone else’s right. Therefore, in the original way, it is possible to acquire ownership of a thing that has an owner (for example, by virtue of increment, connection, processing). And in 2, Art. 406 applies only to immovable property and its appurtenances and does not apply to movable things.

4. In Roman law, there were the following methods of acquiring property: possession, separation of fruits, processing, increment, prescription, contract in the form of transfer (tradition), judgment and inheritance.

5. The newest legislation, having retained all the listed methods with some changes, added several new ones to them, such as: expropriation, discovery, qualified taking, etc.

6. Our legislation indicates in the note to Art. 699. X t. the following methods of acquiring property:

"1) donative and gratuitous, namely grant, allocation of property to children from parents, gift, spiritual will; 2) inheritance; 3) mutual methods, what are the essence of exchange and purchase; 4) contracts and obligations."

This list, on the one hand, is not complete, and on the other hand, it is erroneous.

Its incompleteness is due to the omission of some methods of acquisition that are undoubtedly recognized by our legislation, such as prescription, discovery, increment, etc., and the fallacy is expressed in the inclusion of obligations among these methods.

In fact, if we consider all the rules regarding the acquisition of property scattered across different departments of X t., it turns out that our law knows the following methods: 1) acquisition with a special type of it - a find; 2) qualified mastery; 3) processing; 4) increment; 5) prescription; 6) fruit separation; 7) transfer; 8) forced transfer and 9) inheritance.

All these methods, except for qualified mastery, are indicated by Meyer and prof. Shershenevich. Gg. Annenkov and Pobedonostsev exclude increment from this list on the grounds that, according to our legislation, it “is a consequence of the right of ownership of the main thing.” An assessment of this opinion will be made in setting forth the rules of our law of increment. G. Pobedonostsev, moreover, considers prescription, contrary to the clear meaning of Art. 533 X t., not by the method of acquiring ownership, but only by the method of proving it. Other discrepancies will be noted in the appropriate departments.

The last of the listed methods - inheritance - will not be included in this issue, but will be discussed in inheritance law.

§ 19. Mastery

1. Mastery in general (aprehensio, Besitzerwerb Besitzergreifung) is the actual acquisition of possession (see above p. 217).

2. Possession, in the sense of a method of acquiring ownership, or appropriation (occupatio, Zueignung), is the acquisition of possession of an ownerless thing.

3. In every legal life there are ownerless things, i.e. not owned by any private person. These are, for example, wild animals and birds, sea fish and shells, objects abandoned by their owners, etc. Since they are outside of civil circulation, it is natural and fair to grant ownership of them to the one who makes the effort to introduce them into turnover, i.e. who will actually take possession of them. This is the rational basis of the rule: an ownerless thing becomes the property of the first person to take possession of it (res nullius cedit occupanti).

Roman jurists derived the consequences of mastery from “natural reason” (quod ante nulliuserat, id naturali ratione occupanti conce-ditur). The Austrian Code considers “innate freedom” (angeborene Freiheit), by virtue of which a person seizes ownerless things, to be the legal basis for possession (§ 381).

4. Roman law and some modern legislation allows possession in relation to all categories of ownerless things. Other legislation places more or less significant restrictions on acquisition.

So, for example, the French code prescribes as a general rule that ownerless things are considered the property of the state (Articles 539 and 713), and allows possession only in cases of hunting, fishing, discovery, etc. (Articles 715 and 717). The Prussian Code provides the treasury with preemptive right possession (X, XVI, § 1 ff.), and Saxon does not allow possession of real estate (Articles 227, 294).

5. According to our right, not everyone can be the subject of mastery ownerless property. Specifically, the following are not subject to acquisition: a) escheatable movables and real estate, i.e. inheritances for which none of the heirs appeared for 10 years (X, 408); b) all real estate in general with its accessories (X, 406, 409). These two categories of things are recognized as the property of the state.

6. Thus, only ownerless movables are subject to possession, and even then not all and not always.

In our literature there is an opinion that ownerless movable property is also the property of the state. This opinion, as noted above, is the result of a misunderstanding of Art. 406. X t. It says: “all property that does not belong to anyone in particular, that is, neither to private individuals, nor to classes of persons, nor to the palace department, nor to appanages, nor to institutions, belongs to the composition of state property. These are the essence: state-owned lands inhabited and uninhabited, empty and wild fields, forests, quitrents, seashores, lakes, navigable rivers and their banks, high roads, buildings, both public and government, factories and other similar things, as well as movable property belonging to them.” From the enumeration of things made here and from the underlined words it is clear that 406 Art. applies entirely to real estate alone, and concerns movable things only insofar as they constitute property of real estate. In other words, real estate that does not belong to anyone becomes the property of the state along with its movable accessories. However, all other movable things that exist independently become, having lost their owner, ownerless and are subject to seizure. This conclusion is from the literal meaning of Art. 406. is supported by its historical and logical interpretation. On the one hand, all the decrees and laws referred to below refer exclusively to real estate. On the other hand, the internal, logical basis of Art. 406. not applicable to movable things.

It is the resolution of this article that is caused by the following legal consideration: each property is part of state territory and is under the supreme dominion of the state, and therefore, as soon as it leaves the power of a private owner, it does not become ownerless, but becomes the property of its supreme owner - to the state. Meanwhile, movable things in themselves have no connection with state territory, and therefore, extend Art. 406 to them. there is no reason.

7. Unconditionally subject to mastery by each and every product of the mineral, plant and animal kingdoms in such places as are provided in common use, as, for example, in the seas and lakes (established agricultural farms, art. 269), partly in state forests (established forests, art. 328-333).

8. It should also be recognized by analogy that things deliberately abandoned or abandoned by their owner also become the property of the first one who takes possession of them.

9. On the contrary, the right to take possession of all other ownerless movables belongs only to certain categories of persons.

So, according to Art. 430 X t., “the treasure belongs to the owner of the land, and without his permission, not only private individuals, but also the local authorities cannot be found.” It follows from this that only the owner of the land has the right to take possession of the treasure and that if someone else does this without permission, then the owner of the land will still acquire the right of ownership of the treasure. The same applies to hunting, fishing, mining of minerals, metals, etc.: ownership of all these items can be acquired through possession only by those who have the right in a given place to perform these actions, i.e. hunt, fish, etc. (establishment of agriculture, 106, 111, 212-214) .

10. Special rules installed for military and maritime production, i.e. for things taken away from the enemy during war and equated to ownerless. Although Art. 410 X t. categorically classifies mining as state property, however, according to other laws, in some cases it becomes the property of private individuals.

So, for example, according to Art. 145. XVIII book. St. military decree, the booty is distributed among the persons who captured it according to the instructions of the commander-in-chief. One type of loot is most important - sea prizes. The details of all this are set out in international law.

§ 20. Find

1. Losing your thing does not mean losing the right of ownership to it; Likewise, finding someone else’s does not mean becoming its owner.

Ownership is not a physical, but a mental connection between a person and a thing. “A piece of cloth that is in India may be my property, while a dress that I am wearing may not be mine. The food that turns into my own body may belong to another, to whom I owe an account of its use” (Bentham). The loss of a thing breaks only the actual connection of a person with the thing, depriving him of the opportunity to exercise his power over it, but does not affect the mental, legal connection.

The object of property rights is always things that are divided into groups depending on their legal regime. There are:

• A) things, which constitute the exclusive property of the state and cannot be acquired and owned by collective farm-cooperative, other public organizations or individual citizens. The earth, its bowels, waters, forests are objects exclusive property states. They are provided to organizations and citizens only for use in established by law ok;
• b) things, which can be acquired only with special permits. These include: weapons, aircraft, potent poisons, precious metals in coins, bullion and raw form, foreign currency, etc. (Article 140 of the Civil Code). Non-compliance special order, established for the acquisition of such objects, entails the invalidity of the transaction and the gratuitous seizure of such things into the ownership of the state (Article 49 of the Civil Code);
• V) things, which can acquire ownership by any person. However, special rules apply for the acquisition of ownership of certain items. For example, the law establishes a limit on the number of livestock that can be in the personal property of citizens (Article 107 of the Civil Code);
• G) things that are individually defined and things determined by generic characteristics. The former have individual characteristics and can be distinguished from the general mass of homogeneous things. The latter are determined only by number, weight or measure. The right of ownership exists only in relation to individually determined property, since one cannot be the owner of potatoes, apples, grain in general. After all, ownership is directed to a specific object. But after the isolation of a certain batch of such objects, things are individualized.

A property lease agreement can be concluded only in relation to an individually defined item, since after the expiration of the stipulated period, the lessee must return exactly this item taken for use. On the contrary, the subject of a loan agreement is only things determined by generic characteristics. Upon expiration of the contract, the debtor returns not the items he received, but the same number of items of the same kind and quality;

d) things divisible And indivisible. The first include items that can be divided without damaging their economic purpose, for example, any amount of milk, grain, cement. On the contrary, a book, table, piano and similar things cannot be divided. This classification of things is important when dividing common property, claiming property, and inheriting.

Divisible things are divided and their corresponding parts are transferred to different persons, and indivisible ones are either transferred to one of common owners who must pay others monetary compensation, or are sold, and the proceeds are divided between the owners.

In some cases, property can be divided without prejudice to its economic purpose, but its division will affect the material or artistic value of the property (for example, a library, collection, service, etc.). In case of dispute arbitrage practice considers such things to be indivisible and not subject to division.

The law also provides for the division of things into the main thing And belonging(Article 142 of the Civil Code). Under affiliation understand a thing intended to serve the main thing and connected with it by a general economic purpose. An accessory is always a separate object, for example, a key to a lock, a picture frame, a violin case, etc. The issue of recognizing a thing as an accessory is often decided by law, standard or contract. Belonging, as a rule, follows the fate of the main thing. However, the law or contract may determine otherwise. For example, the parties may agree that when a violin is purchased, the case remains with the seller.

A special object of property rights is money and securities.

Money are the general equivalent in civil circulation, with their help, the value (price) of other things, except for objects of exclusive property of the state, is determined. Money, as a rule, is devoid of individually defined characteristics. They are characterized only by the amount, and they are determined not by the number of bills, but by the monetary units they contain. They are legal tender. This means that no one has the right to refuse to accept money in repayment of the payment. Money can be individualized by recording the number of a separate banknote, for example in an investigative report. Then they acquire the characteristics of an individually defined thing. Individualization of money is also possible in cases where money is used not as a means of payment, but for other purposes, for example, for collection.

Security is a document that contains a property right and which must be presented to exercise this right. Government loan bonds, lottery tickets, and letters of credit are widely used. In relations between socialist organizations, checks and other securities are used for settlements. Without owning a security and presenting it, it is impossible to exercise the right specified in it, for example, to receive winnings or sum of money for a lottery, even if there are witnesses and documents certifying ownership of the security. A receipt for a certain amount of money or thing is not a security. It may be replaced by other evidence provided by law.

According to the Constitution Russian Federation the right and freedom of private property are protected by law. The subject of this right must act according to the principle: “Everything that is not prohibited by law is permitted.”

The Civil Code of the Russian Federation, based on the Constitution, removes restrictions on property rights both in terms of the range of objects and in their number, except in cases where such restrictions are established by law in order to protect the fundamentals constitutional order, morality, health, rights and legitimate interests other persons public order, good morals and good intentions of the state, ensuring the defense of the country and its security.

Citizens can own any property, with the exception of certain types of property, which, in accordance with the law, cannot belong to citizens (Article 213 of the Civil Code of the Russian Federation). Citizens can be subjects of private property rights regardless of age, health, or legal capacity.

The powers of possession, use and disposal in relation to the property belonging to him. The citizen exercises them with his own authority, at his own discretion, but within the limits established by law and in the manner prescribed by law.

By general rule the quantity and value of property owned by citizens is not limited.

An individual, the owner, can dispose of the property belonging to him by drawing up a will or be a recipient of annuity under a lifelong maintenance agreement with dependents.

The right of ownership of citizens in relation to residential premises may be limited in other cases established by law (you cannot place industrial production in a residential building).

Use the land strictly for its intended purpose.

The right of ownership is preserved on an equal basis with other forms of ownership.

Citizens can own property individually, under the right of common ownership (joint ownership). Common property is joint only in cases expressly specified by law.

Spouses have individual and common property

The property must not be used with the intent to harm others.

A citizen must not use property to restrict competition or abuse a dominant position in the market (if he is engaged in entrepreneurial activity).

Features of objects of property rights of citizens:

Citizens can own any property, with some exceptions established by law.

Property withdrawn from circulation cannot belong to citizens. This list is established by law.

Objects limited by law in circulation can belong to citizens only with a special permit (weapons).

A number of acquisition methods are not permitted for citizens.

The property right of citizens allows us to legally formalize the relationship of appropriation of material goods to citizens.

3. Ownership rights of legal entities: essential features and objects

Legal entities can own any property, with the exception of certain types of property, which, in accordance with the law, cannot belong to legal entities (Article 213 of the Civil Code of the Russian Federation).

Essential features of property rights of legal entities:

A legal entity is the sole and exclusive owner of the property it owns.

The founders of legal entities either have ( business companies, partnerships) or do not have (non-profit organizations) obligatory rights to property.

A legal entity owns property transferred to it as a contribution (contribution) by its founders.

A legal entity has the right to perform any actions in relation to its property that do not contradict the law.

The property right of a legal entity may be limited by law (with general and special legal capacity).

Object of ownership of a legal entity:

Movable property, real estate that has not been withdrawn from circulation.

Property restricted in circulation may belong to a legal entity only with the appropriate permission.

The exception is property that, in accordance with the law, is classified as federal, state or municipal property.

U Not commercial organizations the range of objects is narrower than that of commercial organizations.

Cost and quantitative restrictions on the object of property rights are unacceptable.

4. Specifics of the content of law state property. Objects classified as exclusive property

State property is property owned by right of ownership of the Russian Federation or constituent entities of the Russian Federation.

State-owned property is assigned to state enterprises and institutions for possession, use and disposal.

Exceptions are budget funds and other state property that is not assigned to state enterprises and institutions and constitutes the state treasury of the Russian Federation, territory, region and other entities.

The state may own shares in joint stock companies. The state may own any property necessary to carry out its functions.

Objects of state property rights:

The range of federal property is not limited. It can contain any property.

The range of property objects of the constituent entities of the Russian Federation is somewhat narrower. It may not include an object of exclusive federal property.

The procedure for delimiting objects of federal property and property of constituent entities of the Russian Federation is established by a special law.

Objects classified by law as the exclusive property of the Russian Federation:

Gold reserve.

Diamond and currency funds.

Property of the Armed Forces of the Russian Federation.

Continental Shelf Resources.

Other property according to the law.

The Russian Federation and often a subject of the Russian Federation in legislative order establish rules of behavior for themselves as an owner.

Often the organ (organ state power- art. 125 of the Civil Code of the Russian Federation) is simultaneously a subject of lawmaking and a representative of the property owner.

Some features of state ownership:

The subject of property rights is the state itself, and the management and disposal of property owned by it is carried out by the authorities government controlled, as well as specially authorized legal and individuals.

The state exercises the powers of the owner mainly by issuing legal acts.

The Russian Federation may have any property by right of ownership, including that withdrawn from circulation, and the constituent entities of the Russian Federation may have any property, with the exception of property classified as the exclusive property of the Russian Federation.

The state is characterized by methods of acquiring property rights, such as: nationalization, confiscation, requisition, taxes, and other methods.

The basis for termination of the right of state ownership is privatization, i.e. alienation of property from state ownership into the ownership of citizens and legal entities (by law).

5. Concept, content and procedure for transferring objects of municipal property rights

Municipal property - property owned by city and rural settlements, as well as other municipalities.

Municipal property is not a type of state property. This is an independent form of ownership, but it is in many ways similar to state ownership.

On behalf of municipality the rights of the owner are exercised by the authorities local government and persons within the framework and competence established by the acts defining the status of these bodies.

Powers of possession, use and disposal.

The limits of authority are exercised on the basis of law.

Municipal property objects:

Local budget funds.

Municipal off-budget funds.

Property of local government bodies and local authorities authorities.

Municipal lands.

Other Natural resources municipally owned.

Municipal enterprises, organizations.

Municipal banks and other financial and credit organizations.

Things are one of the most common objects of civil rights. Things are objects of the external world that can satisfy certain needs of people. These are land plots, buildings, structures, enterprises, products, goods, vehicles, animals (animate things), etc.

The specific object of civil rights is land and land plots. Land may be the subject of civil rights to the extent that its circulation is permitted by law.

The classification of land according to turnover is given in Art. 27 of the Land Code of the Russian Federation.

Civil legal relations may arise in relation to lands in free circulation, as well as, to a limited extent by law, in relation to lands in limited circulation. Lands withdrawn from state circulation cannot be objects of civil rights, and civil legal relations cannot arise in relation to these lands. Their legal regime regulated Land Code RF.

Enterprises are also a specific object of civil rights. The concept of “enterprise” in civil law is used in two meanings: as a subject of civil law (legal entity - Article 48 of the Civil Code) and as an object of civil law (Article 132 of the Civil Code of the Russian Federation).

An enterprise as a subject of civil law is an independent economic entity created in accordance with the procedure established by law, carrying out production or other economic activity in order to meet public needs and make a profit. According to the objectives of their activities, enterprises are classified as commercial legal entities.

An enterprise as an object of civil law is a property complex used to implement entrepreneurial activity. The enterprise as a whole, as a property complex, is real estate. The enterprise includes all types of property intended for its activities, including land plots, buildings, structures, equipment, inventory, raw materials, products, rights of claim, debts, as well as rights to designations that individualize the enterprise, its products, works and services ( brand name, trademarks, service marks), and other exclusive rights. In this meaning, an enterprise can be the object of civil transactions: purchase and sale, lease, pledge, etc.

Legislation also classifies animate objects - animals - as things. Unfortunately, they are subject to general rules civil legislation on property. However, there are special norms concerning animals. Special rules for keeping animals are established; Art. 241 Civil Code of the Russian Federation the possibility of confiscation of an animal from the owner in case of inhumane treatment is provided; installed criminal liability for cruelty to animals resulting in their death or injury (Article 245 of the Criminal Code of the Russian Federation).

Things are divided into immovable and movable. Immovable objects include objects that are firmly connected to the ground and the movement of which is impossible without causing significant damage to them. These include buildings, structures, enterprises as property complexes used for business activities, perennial plantings, etc. Immovable things also include subject state registration air and sea ​​vessels, inland navigation vessels, space objects and some other objects provided for by law (Article 130 of the Civil Code of the Russian Federation). Their belonging to real estate is due to their high cost and the need for government control over their turnover.

The purchase and sale of real estate is one of the most common real estate transactions. Participants in transactions are both citizens who actively sell and buy their apartments, land plots, dachas, etc., and legal entities, buying real estate for their offices, businesses, etc.

In some cases, other subjects of civil rights (RF, constituent entities of the Federation, municipalities) may participate in the conclusion of a real estate purchase and sale agreement as a seller and buyer.

In most cases, the seller of real estate is its owner. However, as an exception, subjects of economic management law and operational management- state and municipal enterprises, institutions and government-owned enterprises can also do this. It should be borne in mind that their disposal of the real estate assigned to them is limited.

Items not related to real estate, including money and securities, are recognized as movable property.

A thing, the division of which in kind is impossible without changing its purpose, is recognized as indivisible (vehicles, complex household appliances: refrigerators, televisions, etc.) - Art. 133 of the Civil Code of the Russian Federation. Complex things also include indivisible things - heterogeneous things that form a single whole and imply their use for a general purpose (furniture set, service, etc.).

Things include money (currency), as well as securities.

On the territory of Russia, legal tender, obligatory for acceptance, is the ruble (Article 140 of the Civil Code of the Russian Federation).

A security is a document certifying in compliance with the established form and mandatory details property rights, the implementation or transfer of which is possible only upon its presentation. Securities are bonds, bills of exchange, checks, bank savings books, bills of lading, shares, etc.

According to the Constitution of the Russian Federation, the right and freedom of private property are protected by law. The subject of this right must act according to the principle: “Everything that is not prohibited by law is permitted.”

The Civil Code of the Russian Federation, based on the Constitution, removes restrictions on property rights both in terms of the range of objects and in their number, except in cases where such restrictions are established by law in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, public order, good morals and good intentions of the state, ensuring the defense of the country and its security.

Citizens can own any property, with the exception of certain types of property, which, in accordance with the law, cannot belong to citizens (Article 213 of the Civil Code of the Russian Federation). Citizens can be subjects of private property rights regardless of age, health, or legal capacity.

The powers of possession, use and disposal in relation to the property belonging to him. The citizen exercises them with his own authority, at his own discretion, but within the limits established by law and in the manner prescribed by law.

As a general rule, the quantity and value of property owned by citizens is not limited.

An individual, the owner, can dispose of the property belonging to him by drawing up a will or be a recipient of annuity under a lifelong maintenance agreement with dependents.

The right of ownership of citizens in relation to residential premises may also be limited in other cases established by law (industrial production cannot be located in a residential building).

Use the land strictly for its intended purpose.

The right of ownership is preserved on an equal basis with other forms of ownership.

Citizens can own property individually, under the right of common ownership (joint ownership). Common property is joint only in cases expressly specified by law.

Spouses have individual and common property

A citizen must not use property to restrict competition or abuse a dominant position in the market (if he is engaged in entrepreneurial activity).

Features of objects of property rights of citizens:

Citizens can own any property, with some exceptions established by law.

Property withdrawn from circulation cannot belong to citizens. This list is established by law.

Objects restricted by law in circulation can belong to citizens only with a special permit (weapons).

A number of acquisition methods are not permitted for citizens.

The property right of citizens allows us to legally formalize the relationship of appropriation of material goods to citizens.

3. Ownership rights of legal entities: essential features and objects

Legal entities can own any property, with the exception of certain types of property, which, in accordance with the law, cannot belong to legal entities (Article 213 of the Civil Code of the Russian Federation).

Essential features of property rights of legal entities:

A legal entity is the sole and exclusive owner of the property it owns.

The founders of legal entities either have (business companies, partnerships) or do not have (non-profit organizations) obligatory rights to property.

A legal entity owns property transferred to it as a contribution (contribution) by its founders.

A legal entity has the right to perform any actions in relation to its property that do not contradict the law.

The property right of a legal entity may be limited by law (with general and special legal capacity).

Object of ownership of a legal entity:

Movable property, real estate that has not been withdrawn from circulation.

Property restricted in circulation may belong to a legal entity only with the appropriate permission.

The exception is property that, in accordance with the law, is classified as federal, state or municipal property.

Non-profit organizations have a narrower range of objects than commercial organizations.

Cost and quantitative restrictions on the object of property rights are unacceptable.

4. Specifics of the content of state property rights. Objects classified as exclusive property

State property is property owned by right of ownership of the Russian Federation or constituent entities of the Russian Federation.

State-owned property is assigned to state enterprises and institutions for possession, use and disposal.

Exceptions are budget funds and other state property that is not assigned to state enterprises and institutions and constitutes the state treasury of the Russian Federation, territory, region and other entities.

The state may own shares in joint stock companies. The state may own any property necessary to carry out its functions.

Objects of state property rights:

The range of federal property is not limited. It can contain any property.

The range of property objects of the constituent entities of the Russian Federation is somewhat narrower. It may not include an object of exclusive federal property.

The procedure for delimiting objects of federal property and property of constituent entities of the Russian Federation is established by a special law.

Objects classified by law as the exclusive property of the Russian Federation:

Gold reserve.

Diamond and currency funds.

Property of the Armed Forces of the Russian Federation.

Continental Shelf Resources.

Other property according to the law.

The Russian Federation and often the constituent entities of the Russian Federation legislate for themselves rules of conduct as an owner.

Often, a body (public authority - Article 125 of the Civil Code of the Russian Federation) is simultaneously a subject of lawmaking and a representative of the owner of the property.

Some features of state ownership:

The subject of property rights is the state itself, and the management and disposal of property owned by it is carried out by government bodies, as well as specially authorized legal entities and individuals.

The state exercises the powers of the owner mainly by issuing legal acts.

The Russian Federation may have any property by right of ownership, including that withdrawn from circulation, and the constituent entities of the Russian Federation may have any property, with the exception of property classified as the exclusive property of the Russian Federation.

The state is characterized by methods of acquiring property rights, such as: nationalization, confiscation, requisition, taxes, and other methods.

The basis for termination of the right of state ownership is privatization, i.e. alienation of property from state ownership into the ownership of citizens and legal entities (by law).

5. Concept, content and procedure for transferring objects of municipal property rights

Municipal property is property owned by urban and rural settlements, as well as other municipal entities.

Municipal property is not a type of state property. This is an independent form of ownership, but it is in many ways similar to state ownership.

On behalf of the municipality, the rights of the owner are exercised by local government bodies and persons within the framework and competence established by the acts defining the status of these bodies.

Powers of possession, use and disposal.

The limits of authority are exercised on the basis of law.

Municipal property objects:

Local budget funds.

Municipal extra-budgetary funds.

Property of local governments and local authorities.

Municipal lands.

Other natural resources in municipal ownership.

Municipal enterprises, organizations.

Municipal banks and other financial and credit organizations.

Municipal housing stock and non-residential premises.

Municipal institutions of education, health care, culture and sports.

Engineering infrastructure facilities.

Other movable and immovable property.

The procedure for transferring objects from state ownership to municipal ownership is established by the legislation of the Russian Federation.

6. The right of common property as a set legal norms

The right of common ownership is a set of legal norms regulating relations between two or more owners regarding the property that they own, use and dispose of.

Common property is the joint possession and dominion over a thing not by one, but by several, sometimes many, persons. The nature of the rights of co-owners in relation to common property is not always the same. The rights of individual co-owners mutually limit each other; a certain ratio of these restrictions is necessary. The relationship between shares in common property can be determined both by legal norms and by the will of the co-owners.

The object of the right of common ownership is an individually defined thing (a residential building) or a set of such things (a set of things included in the inheritance). The object of common property rights can also be an enterprise as a whole as a property complex used to carry out business activities.

Participants in the right of common property can be any subjects of civil law.

Participants in shared ownership cannot choose joint ownership of common property.

Distinctive features of common property rights:

Common property.

Plurality of subjects of ownership of this property.

Types of common property:

Shared ownership (when the shares of participants are determined).

Joint ownership (when the shares of the participants are not determined).

Features of common joint ownership:

It arises only on the basis of law.

It is characterized by the absence of a clear definition of the share of each co-owner.

Co-owners can transform common property into common shared ownership by establishing the share of each of them.

Features of common ownership:

The share in the right of common ownership is fully included in the property of the co-owner, therefore, it cannot be seized for his obligations.

When selling or exchanging the share of one of the co-owners, the other co-owners have a priority right over third parties to purchase it (except for cases of sale of the share at public auction).

Cases of emergence of common property:

When several persons acquire an indivisible thing or a thing that is not subject to division by force of law.

Other cases established by law or agreement.

Common ownership is assumed to be shared if the law or the relations of the parties does not provide for joint ownership of the property.

Determination of the share of each co-owner in the right of common ownership.

Shares for all co-owners are recognized as equal, unless otherwise provided by agreement or law.

A co-owner who has made significant inseparable improvements to the common property, subject to established order its use, has the right to a corresponding increase in its share.

Possession and use of common shared property:

Carried out with the consent of all owners.

If agreement is not reached, the dispute is resolved in the manner established by the court.

Disposal of common shared property:

It is carried out by agreement of all participants, however, each participant has the right to dispose of his share in the right of common ownership independently.

If the right of first refusal is violated, any of the co-owners may (within three months) demand that the rights and obligations of the buyer of the share be transferred to themselves.

Conclusion

“Law arises in the collision of heterogeneous social elements, when the collective whole can no longer be restrained by simple custom, the morality of some is not at the same time the morality of others.” L. Gumplowicz, Austrian statesman.

So, from everything that has been said above, it is necessary to draw general conclusions.

Property is both an economic and a legal category. Property as an economic category is the social relations that develop between people regarding the possession of means of production and consumer goods. Being regulated by legal norms, that is, presented in the form of legal rights and obligations of participants in these relations, economic property relations acquire the character of legal relations, acting as property rights. In addition, property is the attitude of a person towards a thing belonging to him as his own, which is expressed in the possession, use and disposal of it, as well as in the elimination of interference of all third parties in the sphere of economic domination over which the power of the owner extends

Property rights are one of the leading institutions of civil law. The right of ownership, as a rule, is a real right, i.e. its objects in most cases are things and property.

Along with things, in accordance with Art. 44 of the Constitution of the Russian Federation, citizens and legal entities may possess objects intellectual property, i.e., the results of creative activity, such as discoveries, inventions, results of literary, artistic, scientific creativity, etc.

The objects of private property rights of citizens are land plots, residential buildings, summer cottages, garden houses, garages, household and personal consumption items, cash, securities, as well as enterprises, media and other property complexes for production purposes: buildings, structures, vehicles, working capital and other means of production. The object of private property rights of citizens can also be any other property, with the exception of certain types of property provided for in legislative acts, which, for reasons of state and public safety or, in accordance with international obligations, cannot belong to a citizen. The quantity and value of property, if it is received by a citizen and property in accordance with law or agreement, is not limited. Among the objects of private property rights, apartments, residential buildings and other premises and buildings are specially distinguished. A member of a housing-construction cooperative, dacha or garage cooperative, who has contributed his share for an apartment, dacha, garden plot, garage, other premises or building provided to him for use, acquires the right of ownership of this property.

According to Art. 209 of the Civil Code, the content of property rights consists of three powers of the owner: possession, use and disposal of property objects.

Like any legal rights, the rights to use and dispose of property are not unlimited even for the owner. They exist within the framework of the law and must be carried out in compliance with its requirements. Their implementation should not cause harm to other persons, should not pose a danger to others, or violate them legal rights, and also requires compliance with moral standards, ethics, and community rules.

In accordance with Art. 223 of the Civil Code, the right of ownership of the acquirer of a thing under an agreement arises from the moment of its transfer, unless otherwise established by law or agreement. When an agreement on the alienation of property is subject to state registration, the acquirer’s ownership rights, as a rule, arise from the moment of registration.

Thus, the general legal basis for resolving issues related to property relations is the civil law of the Russian Federation, since property rights are the main type of property rights, constituting, along with derivative rights and easements, and real right, which, in turn, is a sub-branch of civil law, which is a set of rules of law governing relations, the objects of which are a specific thing or specific property.

In my opinion, one should agree with the opinion of lawyers that there are no objectless legal relations, because subjects always enter into legal relations regarding certain objects. This once again confirms the relevance of the topic under consideration.

Bibliography

1. Constitution of the Russian Federation. – M.: TK Velby, 2006. – 48 p.

2. Civil Code of the Russian Federation. Part one, two and three. – M.: TK Velby, Prospect, 2004. – 448 p.

3. Land Code of the Russian Federation dated October 25, 2001 No. 136-FZ (as amended by Federal Laws dated June 30, 2003 No. 86-FZ, dated June 29, 2004 No. 58-FZ, dated October 3, 2004 No. 123-FZ, dated 12/21/2004 No. 172-FZ, dated 12/29/2004 No. 189-FZ, dated 12/29/2004 No. 191-FZ, dated 03/07/2005 No. 15-FZ, dated 07/21/2005 No. 111-FZ, dated 07/22/2005 No. 117 -FZ, dated December 31, 2005 No. 206-FZ, dated April 17, 2006 No. 53-FZ, dated June 3, 2006 No. 73-FZ, dated June 30, 2006 No. 92-FZ, dated June 30, 2006 No. 93-FZ, dated July 27 .2006 No. 154-FZ, dated October 16, 2006 No. 160-FZ, dated December 4, 2006 No. 201-FZ, dated December 4, 2006 No. 204-FZ, dated December 18, 2006 No. 232-FZ).

6. Civil law. Part one: Textbook for universities / Ed. Doctor of Law, Prof. T.I. Illarionova, Ph.D., Associate Professor. B.M. Gongalo and Ph.D., Assoc. V.A. Pletneva. – M.: Norma, 2004. – 624 p.

7. Civil law: Textbook / Ed. Doctor of Law, Prof. E.A. Sukhanov. Volume 1. – M.: Wolters Kluwer, 2004. – 563 p.

8. Zhdan-Pushkina D. Protection of property rights and other property rights. – M.: Eksmo-Press, 2007. – 232 p.

9. From the history of law. Textbook allowance / Ed. A.V. Ilyina, S.A. Morozova. – St. Petersburg: Special Literature, 1997. – 457 p.

10. Kazantsev V.I. Property law: course of lectures. – M.: Exam, 2007. – 223 p.

11. Klimova N.P. Civil law: Textbook. allowance. – M.: Prospekt, 2005.

12. Kovaleva E. Protection of property rights in questions and answers. – Rostov n/d.: Phoenix, 2007. – 232 p.

13. Commentary on Civil Code RF. Part one / Ed. prof. THOSE. Abova and A.Yu. Kabalkina. – M.: Yurayt-Izdat; Law and Law, 2004. – 766 p.

14. Markova M.G. Civil law. Lecture notes. – M.: Alpha, 2003. – 96 p.

15. Magnitskaya E.V., Evstigneev E.N. Jurisprudence. – St. Petersburg: Peter, 2005. – 272 p.

16. Jurisprudence / Ed. prof. M.B. Smolensky. Series "Higher Education". – 4th ed., revised. and additional – Rostov n/d: Phoenix, 2005. – 416 p.

17. Sklovsky K.I. Property in civil law: Educational and practical manual. – 3rd ed., add. – M.: Delo, 2003. – 532 p.

Application

Comparative table of methods for acquiring property rights

The original method	Derivative method
Specification (processing)	Contract of sale
Acquisition of fruits and income	Barter agreement
Incrementation (an umbrella concept that covers addition, mixing and processing)	Donation agreement
Mixing things (combining)
Purchasing unwanted items	Privatization agreement
Acquisitive prescription	Will (as a one-sided transaction)
Nationalization	Endorsement (on a security, as a unilateral transaction, etc.)
Confiscation
Requisition

Comparative table of forms of ownership (state and private ownership)

Comparative table of rights of ownership, use and disposal

Ownership	Right of use	Right of disposal
The ability to have this property, the ability to exercise actual dominion over a thing:	The ability to satisfy one’s needs by extracting (receiving income, fruits) useful properties from property	Ability to determine legal fate things: give it away, sell it, destroy it
Legal possession (based on legal basis)	This is the right to use as you wish. beneficial features things, extract income from it
Illegal possession (possession of stolen property; property received under an invalid transaction (a bona fide acquirer, i.e. a person who did not know and could not know that he was acquiring property from an unauthorized person; and an unscrupulous acquirer, i.e. a person who knew who acquires property from an unauthorized person)

Comparative table of grounds for acquisition, termination and limitation of property rights

Grounds for acquiring property rights	Grounds for termination of ownership rights	Limitation of rights property
Bona fide possession	At the will of the owner	Forced: In the public interest (requisition, restriction of the right of use and right of disposal)
Openness of ownership	Loss of property rights in other provided by law cases	For private interests
Continuity of ownership	Loss or destruction of property	Sanction for offense
Owning property as your own	Forced seizure of property from the owner	Voluntary: Under contract (pledge, lease)
Augmentation (accession, mixing, processing)		Unilateral expression of will (will)
Inheritance
Other methods according to the law

Comparative table of derivatives and initial grounds for the emergence of citizens' property rights

Initial reasons	Derived bases
Construction of buildings on a plot of land allocated to a citizen for these purposes in compliance with urban planning and building codes and rules	Receiving remuneration for work performed according to employment contract and for civil transactions, including transactions made in the course of business activities
Creation of things in a citizen’s household, including their creation in the process of entrepreneurial activity	Receiving interest on bank deposits, income from organizations with which the citizen is bound by rights of obligation
Other grounds	Receipt of property under a gift or sale agreement
	Receipt of property by inheritance by law and by will
	Other grounds

Comparative table of subjective and objective state property rights

Subjective law state property	Objective law state property
This is the ability of the Russian Federation and its subjects, protected by law, to use and dispose of state property in the interests of the population, protection environment, ensuring the defense capability and security of the state	A set of legal norms that determine the ownership of material goods of the Russian Federation, the constituent entities of the Russian Federation and the content of this right, as well as regulating the emergence, exercise and termination of property rights, the procedure and methods of protection

§ 3. Objects of property rights

General provisions. In conditions market economy The legislator's approach to determining the range of objects that can be owned by citizens has undergone fundamental changes. According to previously existing legislation, the property of citizens, in accordance with its consumer purpose, was exclusively extended to consumer goods, and their quantity was often limited. As for the means of production, a citizen could be the owner of only small means of production, and their use with the involvement of hired labor, as a rule, was not allowed. Now the situation has changed radically. Starting with property laws adopted at the all-Union and then at the republican level, normative bodies took the path of removing the restrictions that existed in this regard. And this is quite understandable, since now citizens are encouraged in every possible way to use their property not only for consumer, but also for business purposes, which, in turn, has led to the abandonment of attempts to limit the property of citizens almost exclusively to consumer goods. In the new civil law Regarding the range of objects whose owners may be citizens, the following fundamental provisions are established. Firstly, citizens can own any property, with the exception of certain types of property, which, in accordance with the law, cannot belong to them. Secondly, the quantity and value of property that may be owned by citizens are not limited, except in cases where such restrictions are established by federal law for the purposes provided for in paragraph 3 of Art. 55 of the Constitution of the Russian Federation and paragraph. 2 p. 2 art. 1 of the Civil Code (see paragraphs 1 and 2 of Article 213 of the Civil Code). Let us recall that these restrictions can be established by law only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state.

It should be especially emphasized that the classification of certain types of property as such, which cannot belong to citizens at all, as well as the establishment of restrictions on the quantity and value of property that can be owned by citizens, can only be provided for by law. In other legal acts, including in presidential decrees and government regulations, these issues cannot and should not be resolved, which is a guarantee for the owner that to some extent ensures the stability of his property position and the unhindered exercise of his rights.

Legal regime of objects of civil ownership. These objects may fall under both general and special legal regimes. If in laws and regulations regulations, issued by the relevant authorities within their competence, a special legal regime has not been established for objects owned by citizens, then they are subject to the general regime. This means that in relation to these objects there are no special rules that citizens must observe, and that when exercising their rights to them, they should only not go beyond the general limits outlined in paragraph 1 of Art. 10 GK. It is clear, for example, that the law prohibits so-called chicanotic actions, regardless of whether their owner commits them with the help of property falling under a general or special legal regime.

The situation is more complicated with property in respect of which a special legal regime has been established. To what range of assets does it apply and how is it expressed? First of all, for real estate - land plots, residential buildings, perennial plantings, etc. Real rights to the specified property, as well as transactions with it, are subject to state registration. Selected species real estate are also subject to special registration (for example, sea vessels). Special rules have been established for the acquisition of rights to objects related to real estate. Thus, registration of rights to land plot precedes his withdrawal. To build a residential building, in addition to allocating a plot and registering the right to it with the developer, approval of the house construction project, obtaining a building permit, and compliance with a number of land management, fire safety, sanitary, environmental, construction and other norms and regulations are required. And after acquiring rights to real estate in accordance with the procedure established by law, the owner bears a whole host of obligations and encumbrances. These include paying property taxes. The special legal regime also applies to objects not related to real estate. These include vehicles that are subject to special registration, weapons that require special permission to purchase, potent poisons that can be used in medicinal, scientific and production purposes, and a number of other objects whose turnover is limited. The special regime for these objects is expressed in special rules for their storage and accounting, in the prohibition of transferring them to anyone without proper permission, and in observing special precautions when handling them. A special legal regime applies to productive and working livestock and other domestic animals (compliance with veterinary and sanitary rules their contents, rules of improvement settlements etc.).

Due to the fact that an increasing number of citizens are becoming participants in business partnerships and societies, participating in the market valuable papers, they own a lot of shares and other securities that certify their participation in the corresponding partnership (company) and give the right to receive profits (dividends). Their turnover is subject to special rules, and in this sense they also fall under a special legal regime.

In cases where a citizen is denied permission to acquire any property and certify rights to it, encumbrances are placed on the property, or obstacles are created in the exercise of rights to it, the citizen may appeal to the court with a complaint against the actions of the relevant government agencies, local governments and their officials.

This text is an introductory fragment.

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