Property relations arise due to... Property relations regulated by civil law


  • The concept of private law
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Property relations regulated by civil law

Property relations constitute the main, predominant part of the subject of civil law. They develop in relation to specific property - material goods of a commercial nature.

Such benefits include not only physically tangible things, but also some rights, even in Roman law called “res incorporates” - “incorporeal things” (for example, a bank deposit, which is not money, but the right of claim of the depositor to the bank). Property relations also arise regarding the results of work and the provision of services, including those that are not necessarily embodied in a material result (for example, transportation, storage, cultural and entertainment services), since such results also have a commodity form.

Property relations are not a legal category. These are factual relations, economic in their social nature, subject to legal regulation, i.e. design, arrangement. They embody the commodity economy, the market organization of the economy. At the same time, they reflect both the statics of this economy - the relations of ownership, appropriation of material goods, which constitute the prerequisite and result of commodity exchange, and its dynamics - the relations of transfer of material goods, i.e. the actual process of exchange of goods (things, works, services).

It is clear that both of these sides are closely related and interdependent: commodity exchange is impossible without the appropriation of its objects by the participants, and appropriation in most cases is the result of commodity exchange.

Property relations that form the subject of civil law regulation differ in some ways common features.

Firstly, they are characterized by the property isolation of the participants, allowing them to independently dispose of property and at the same time bear independent property responsibility for the results of their actions.

Secondly, according to general rule they are of an equivalent-compensatory nature, characteristic of normal commodity exchange and value-based economic relations. Of course, gratuitous property relations are also possible (for example, donation, gratuitous loan, free use other people's property, etc.). They, however, are secondary, derived from compensated property relations and are not a common form of commodity exchange.

Thirdly, the participants in the relations under consideration have equal rights and are independent of each other and are not in a state of administrative or other subordination to power, since they are independent commodity owners.

It is easy to see that all of the listed features are due to the commodity-money nature of property relations included in the subject of civil law. Property relations that have a different (non-commodity) nature and, therefore, do not meet the specified criteria (for example, tax, budget and other financial relations; relations on the use of land and other natural resources, state-owned, etc.) are not included in the subject of civil law and cannot be regulated by it.

Static relationships commercial farming, i.e. accessories, appropriation of material goods, formalize the possession of things (specific property) by one or another participant in property relations. They have a dual character, representing, firstly, the owner’s attitude towards the thing that belongs to him and, secondly, the relationship between him and all other persons regarding this thing.

The attitude of a person to a thing is a determining condition for normal economic activity, which becomes effective, as a rule, only when the subject treats the thing as his own. It is obvious that people usually treat their things differently than others, showing the necessary, reasonable initiative in their use and taking care of their safety. In other words, it is in these cases that things are used in a truly economical, economically efficient manner. The attitude towards other people's property, especially among a hired worker, usually does not have such an economic result (which is convincingly proven by the experience of the functioning of the state economy, which actually turned workers into employees).

Normal management is impossible without eliminating unjustified outside interference in the use of one's property. Here the second side of property relations comes to the fore - the relationship between the owner of the thing and all other (extraneous) persons, or, in other words, the relationship between persons regarding the thing.

It consists in the owner’s ability to independently use the property belonging to him in his own interests, while simultaneously excluding for all other persons the possibility of creating obstacles and hindrances to him, i.e. unjustified interference in its activities. Since in in this regard the owner is opposed by an indefinite circle obligated persons(“absolutely all persons”), it is customary to talk about the absolute nature of such relationships.

Legally, property relations regarding the ownership of material goods are formalized as real legal relations. These latter are divided into property relations and relations of other (limited) real rights. Property relations secure the belonging of a thing to the owner, who has the maximum legal ability to use it.

Others real rights regulate legal regime property of the owner, which, along with him, other persons have the right to simultaneously use. For example, members of his family have the right to live with him in a residential building of a citizen-owner. It is clear that their capabilities are always narrower than those of the owner. Therefore, they are limited and derived from the rights of the owner.

The relations of the dynamics of the commodity economy, i.e. the transfer of material wealth from one owner to another is usually associated with the alienation and acquisition of certain property by participants. Legally, they are formalized using the category of obligations (obligatory relations). Such relations always arise between specific participants in commodity-money relations - isolated commodity owners, and therefore have a relative nature.

More often obligatory relationship arise due to agreements between commodity owners on the alienation and (or) acquisition of goods (things, results of work or services, sale or transfer of rights), i.e. based on contracts. Obligations may also arise in the absence of agreement between the participants, for example, as a result of damage caused by one person to another. property damage(tort) or as a result of unjust enrichment (acquisition of someone else’s property or savings own property without sufficient legal grounds). Thus, obligations as a legal form economic relations The exchange of goods is divided into contractual and non-contractual (law enforcement).

The transfer of material benefits from one person to another is possible not only in the form of obligations, but also when inheriting the property of deceased citizens, as well as during the reorganization and liquidation of legal entities. In this case, the transfer of material wealth to new owners is due to the death or cessation of activity of their previous owner (owners), i.e. retirement, disappearance of a participant in property relations.

The complication of property relations as a result of the development of commodity exchange gave rise to the emergence of another variety of them - relations for the management of private property of corporations (companies). They fold when controlled business companies and partnerships, as well as production cooperatives. These organizations are specially created by subjects of property relations for permanent, professional participation in property turnover. They are built on the principles of self-government and strictly fixed membership of participants. The latter, by managing the activities and property of the organization they created, essentially determine its performance as a special, independent subject of property relations.

The relationships between the corporation's participants are property nature and are based on their making a certain property contribution to its capital. The content of such relations comes down to providing members (participants) of the organization, which they created by transferring part of their property to it, the opportunity in one form or another to manage its affairs (vote on general meeting when making relevant decisions, participate in its management bodies, receive information about the state of its affairs, etc.) and participate in the property results of its activities (in the distribution of profits and losses, the balance of property upon liquidation of the organization, etc.).

Legal form The type of property relations under consideration are corporate (membership) legal relations. Corporate relations are close to obligations, since they are also relative in nature (formalizing the relationship of each member of the corporation with the entire corporation as a whole). But they arise only between participants in a specific organization, i.e. closed to other subjects of property turnover.

In a number of cases, at first glance, they do not relate to the direct use of corporate property, but only to the organization of relationships between participants and members of the corporation (which is most manifested in non-profit organizations).

In fact, they all have a clear property orientation, determined by the very nature of the activities of the created organization as a legal entity. All this corporate relations differ from obligations. At the same time, the obvious proximity of these relations made it possible for the legislator to qualify corporate relations as a type of obligatory one.

Property relations are a system of economic volitional relations that occur between subjects as a result of resolving issues of certain property (transfer of consumer goods, production, etc.).

Property relations

1. Property relations related to the ownership of certain property by a person. This type of property relations includes property relations, as well as relations that arise in connection with the possession of property by persons who are not its owners.

2. Property relations associated with the process of transfer of property benefits. This type of relationship includes relationships related to the inheritance of property, relationships arising as a result of causing damage to someone else's property.

Property and its forms

Property is a system of legal and economic relations between two or more entities that arise as a result of the use, ownership or disposal of material goods.

Property has four main forms: state, municipal and mixed property. Private property- This property law individual, have material assets, or items of production.

State property is the right of the state to own and dispose of certain material assets, production facilities, etc. Often, state property is replenished in the process of nationalization - the transfer of material wealth from a private owner to the state.

The person who owns the property (organization, government, individual) is called the owner. The owner has a number of property rights, in particular the right to freely dispose and use a material thing, the right to non-interference from other people in the process of use or disposal.

The object of property is the material good that the owner owns. An object of property can satisfy the material needs of a person, or can act as a subject of commercial activity.

Legal regulation of property relations

Property relations are considered by modern legislation as an integral part of human rights and freedoms. The state guarantees and protects human property rights.

So in Art. 35 of the Constitution of the Russian Federation specifies the basic provisions and guarantees regarding property, disposal and transfer of property. Property provisions are also regulated by the provisions Family Code and the Civil Code.

Property relations are relations regarding property, i.e. material items and other economic values. The objects of such relations are things and complexes of things, money, securities, other property, including property rights, work and its results, services. Common feature property relations is their compensated, commodity-money nature. At the same time, there may be situations where civil law also regulates gratuitous relations (for example, donation)

Property relations can be divided into relations of property and other real rights (rights economic management, operational management, etc.) These relations consolidate ownership, appropriation of material goods, or in other words, consolidate property relations in statics. Among them are the relationship of a person to a thing (as if it were his own) and the relationship between persons regarding things.

The second group of relations consists of property relations that mediate civil legal transactions. They are associated with the transfer of material goods from one subject of civil law to another and regulate property relations in dynamics.

As a result of these relations, commodity-money circulation occurs. In most cases, such relations arise as a result of the conclusion of contracts (purchase and sale, barter, etc.), however, non-contractual obligatory property relations are also possible (for example, as a result of causing harm).

Personal non-property relations arise regarding intangible benefits, having no economic content (regardless of their connection with property relations) and inseparable from the personality. Basically, these relationships arise in connection with the creation of objects of creative activity (inventions, works of literature, science of art, etc.) - the creator has a number of personal moral rights, the most important of which is the right of authorship, i.e. the right to be considered the creator of a given object. If this object is used (for example, a story is published with the permission of the author), then the author has a property right to receive remuneration for the use of this object of creative activity.

A separate group of non-property rights related to the subject of civil law consists of inalienable human rights and freedoms and other intangible benefits that are not directly regulated civil law, however, as follows from paragraph 2 of Art. 2 of the Civil Code are protected by it, unless otherwise follows from the essence of these intangible benefits. Such intangible benefits include life and health, honor and dignity, inviolability privacy, business reputation etc.

The method of legal regulation is understood as a set of techniques, methods and means by which the influence of the relevant branch of law on the social relations that constitute its subject is carried out. In order for the impact on the subject of regulation to be effective, means must be used that are consistent with nature regulated relations. Each branch of law has its own method of legal regulation, with its own peculiarities. The civil law method of regulation has the following specific features.

The first feature is related to the position of subjects of civil law. Economic turnover presupposes the equality of its participants, the impossibility of one of them dictating his will to the other; such equality is a necessary condition The main relationship of economic turnover is exchange. That's why characteristic feature The method of civil law regulation is the equality of the parties to a relationship regulated by civil law. This does not mean that the parties to a particular relationship are entitled equal rights. On the contrary, one party can only have rights, and the other can only have responsibilities (for example, a loan agreement) Under equality in in this case is understood as the absence of organizational and power dependence of the parties to a civil legal relationship from each other.

The second feature of the method of legal regulation is the autonomy of the will of their participants, meaning the ability to independently and freely express and form their will. This possibility is due to the presence large quantities dispositive norms, making it possible to change the rules contained in these standards. At the same time, the parties are given the right to determine the nature of the relationship between them according to
in whole or in a certain part at its discretion. They also have the ability to choose between several behavior options.

The third feature is that the protection of violated civil rights, if they are not voluntarily restored by the other party, is carried out mainly in judicial procedure by filing a claim with the courts general jurisdiction, arbitration or arbitration courts

The fourth feature is that liability for violation of civil rights is of a property nature and consists of the obligation to compensate for losses caused by the violation or compensate for the harm caused (for example, compensation for moral damage). In this case, the impact is not so much on the personality of the offender, but on his property sphere.

Property relations

Property relations- these are specific strong-willed economic relations between subjects regarding certain property, regardless of its use, the transfer of means of production, consumer goods and other material goods.

  • property relations;
  • relations arising in connection with the possession of property by persons who are not the owners (HV, OU)

2) related to the transfer of property benefits:

  • arising from GP agreements
  • arising from harm and unjust enrichment
  • related to inheritance.

Property relations, i.e. property, reflect the existing distribution of material wealth between certain individuals. They are static in nature, since they secure the ownership of material goods by the respective owners.

Property relations in the sphere of commodity circulation are relations associated with the transfer of material goods from one entity (producers) to others (consumers).


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    See what “Property relations” are in other dictionaries:

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Books

  • , Fokin Sergey Vladimirovich, Shportko Oksana Nikolaevna. Issues of territorial management and real estate, maintaining a real estate cadastre and its valuation, entrepreneurial activity in the field of property relations. Special…
  • Land and property relations. Textbook, S. V. Fokin, O. N. Shportko. Issues of territory and real estate management, maintaining a real estate cadastre and its valuation, and business activities in the field of property relations are considered. Special...

Relations regulated by civil law and civil legislation.

Relations regulated by civil law

Public relations, which are regulated by civil law, constitute its subject. These include two groups of relationships.
Firstly, these are property relations, which are relations arising regarding property - material goods that have economic form goods.
Secondly, personal non-property relations related to property ones, and in some cases not related to them.
Both of these groups of relations are united by the fact that they are based on equality, autonomy of will and property independence of the participants, that is, they arise between legally equal and independent entities that have their own property. In other words, these are private relations arising between subjects of private law.
Property, as well as non-property relations that do not meet the specified criteria, do not belong to the subject of civil law and cannot be regulated by its norms. First of all, this applies to property relations based on administrative or other power subordination of one party to the other, in particular tax and financial relations, the participants of which are not legally equal entities. For the same reason, relations related to government and other management are excluded from the scope of civil law. public property, arising between government agencies.
Property relations included in the subject of civil law are, in turn, divided into relations related to the ownership of property certain persons and (or) with its management or with the transfer of property from one person to another. Legally, this difference is formalized using the categories of real, corporate and obligatory rights (relations).
Personal non-property relations as a subject of civil law regulation are also divided into relations related to property and relations not related to them. The first of these groups of relations usually receives civil legal registration using the category exclusive rights. The second group of relations concerns inalienable intangible benefits of the individual, in certain cases subject to civil legal protection.



Property relations regulated by civil law

Property relations constitute the main, predominant part of the subject of civil law. They develop in relation to specific property - material goods of a commercial nature.
Such benefits include not only physically tangible things, but also some rights, even in Roman law called “res incorporates” - “incorporeal things” (for example, a bank deposit, which is not money, but the right of claim of the depositor to the bank). Property relations also arise regarding the results of work and the provision of services, including those that are not necessarily embodied in a material result (for example, transportation, storage, cultural and entertainment services), since such results also have a commodity form.
Property relations are not a legal category. These are factual relations, economic in their social nature, subject to legal regulation, i.e. registration, streamlining.
They embody the commodity economy, the market organization of the economy. At the same time, they reflect both the statics of this economy - the relations of ownership, appropriation of material goods, which constitute the prerequisite and result of commodity exchange, and its dynamics - the relations of transfer of material goods, i.e. the actual process of exchange of goods (things, works, services). It is clear that both of these sides are closely related and interdependent: commodity exchange is impossible without the appropriation of its objects by the participants, and appropriation in most cases is the result of commodity exchange.
Property relations that form the subject of civil law regulation are distinguished by some common features.
Firstly, they are characterized by the property isolation of the participants, allowing them to independently dispose of property and at the same time bear independent property responsibility for the results of their actions.
Secondly, as a general rule, they are of an equivalent-compensatory nature, characteristic of normal commodity exchange and value-based economic relations. Of course, gratuitous property relations are also possible (for example, donation, gratuitous loan, gratuitous use of other people's property, etc.). They, however, are secondary, derived from compensated property relations and are not a common form of commodity exchange.
Thirdly, the participants in the relations under consideration have equal rights and are independent of each other and are not in a state of administrative or other subordination to power, since they are independent commodity owners.
It is easy to see that all of the listed features are due to the commodity-money nature of property relations included in the subject of civil law. Property relations that have a different (non-commodity) nature and, therefore, do not meet the specified criteria (for example, tax, budget and other financial relations; relations on the use of land and other natural resources owned by the state, etc.) are not are included in the subject of civil law and cannot be regulated by it.
The static relations of the commodity economy, i.e., ownership, appropriation of material goods, formalize the possession of things (specific property) by one or another participant in property relations. They have a dual character, representing
firstly, the attitude of the owner towards the thing belonging to him and,
secondly, the relationship between him and all other persons regarding a given thing.
The attitude of a person to a thing is a determining condition for normal economic activity, which becomes effective, as a rule, only when the subject treats the thing as his own. It is obvious that people usually treat their things differently than others, showing the necessary, reasonable initiative in their use and taking care of their safety. In other words, it is in these cases that things are used in a truly economical, economically efficient manner. The attitude towards other people's property, especially among a hired worker, usually does not have the same economic result (which is convincingly proven by the experience of the functioning of a nationalized economy, which actually turned workers into hired workers).
Normal management is impossible without eliminating unjustified outside interference in the use of one's property. Here the second side of property relations comes to the fore - the relationship between the owner of the thing and all other (extraneous) persons, or, in other words, the relationship between persons regarding the thing. It consists in the owner’s ability to independently use the property belonging to him in his own interests, while simultaneously excluding for all other persons the possibility of creating obstacles and hindrances to him, i.e., unjustified interference in his activities. Since in this respect the owner is confronted by an indefinite circle of obligated persons (“absolutely all persons”), it is customary to talk about the absolute nature of such relations.
Legally, property relations based on the ownership of material goods are formalized as real legal relations. These latter are divided into property relations and relations of other (limited) property rights. Property relations secure the belonging of a thing to the owner, who has the maximum legal ability to use it. Other property rights regulate the legal regime of the owner’s property, which, along with him, other persons have the right to simultaneously use. For example, in a residential building of a citizen-owner, members of his family have the right to live with him. It is clear that their capabilities are always narrower than those of the owner. Therefore, they are limited and derived from the rights of the owner.
The dynamics of a commodity economy, i.e., the transfer of material goods from one owner to another, are usually associated with the alienation and acquisition of certain property by participants. Legally, they are formalized using the category of obligations (obligatory relations). Such relations always arise between specific participants in commodity-money relations - isolated commodity owners, and therefore have a relative nature.
Most often, obligatory relations arise by virtue of agreements between commodity owners on the alienation and (or) acquisition of goods (things, results of work or services, sale or transfer of rights), i.e. on the basis of contracts. Obligations may also arise in the absence of agreement between the participants, for example, as a result of one person causing property damage to another (tort) or as a result of unjust enrichment (acquiring someone else’s property or saving one’s own property without sufficient legal grounds). Thus, obligations as a legal form of economic relations of commodity exchange are divided into contractual and non-contractual (law enforcement).
The transfer of material wealth from one person to another is possible not only in the form of obligations, but also during the inheritance of property of deceased citizens, as well as during the reorganization and liquidation of legal entities. In this case, the transfer of material wealth to new owners is conditioned by the death or termination of activity of their previous owner (owners) ), i.e. retirement, disappearance of a participant in property relations.
The complication of property relations as a result of the development of commodity exchange gave rise to the emergence of another variety of them - relations for the management of private property of corporations (companies). They develop during the management of business companies and partnerships, as well as production cooperatives. These organizations are specially created by subjects of property relations for permanent, professional participation in property turnover. They are built on the principles of self-government and strictly fixed membership of participants. The latter, by managing the activities and property of the organization they created, essentially determine its performance as a special, independent subject of property relations.
The relations between the participants of the corporation are of a property nature and are based on their making a certain property contribution to its capital. The content of such relations comes down to providing members (participants) of the organization, which they created by transferring part of their property to it, the opportunity to manage its affairs in one form or another (vote at the general meeting when making relevant decisions, participate in its management bodies, receive information about the state of its affairs, etc.) and participate in the property results of its activities (in the distribution of profits and losses, the balance of property upon liquidation of the organization, etc.).
The legal form of the type of property relations under consideration is corporate (membership) legal relations. Corporate relations are close to obligations, since they are also relative in nature (formalizing the relationship of each member of the corporation with the entire corporation as a whole). But they arise only between participants in a specific organization, i.e. they are closed to other subjects of property turnover. In a number of cases, at first glance, they do not relate to the direct use of corporate property, but only to the organization of relationships between participants and members of the corporation (which is most evident in non-profit organizations). In fact, they all have a clear property orientation, determined by the very nature of the activities of the created organization as a legal entity. In all this, corporate relations differ from obligatory ones. At the same time, the obvious proximity of these relations made it possible for the legislator to qualify corporate relations as a type of obligation (cf. paragraph 2, paragraph 2, article 48 of the Civil Code).