Characteristics of the basic rights of non-owners - Civil law

Characteristics of the fundamental rights of non-owners

The right of ownership, although not unlimited, is the most extensive in terms of scope of proprietary rights. In contrast, a limited property right is a "right to a thing" , already assigned by another proprietor. The opportunities provided by such proprietary rights are always limited by content and therefore are much narrower than the owner's powers. Along with the general properties of all real rights, an important legal feature of limited proprietary rights is their preservation even in the event of a change in ownership of the property. Thus, these rights always follow the thing, and not the owner. The right of following is a characteristic feature of corporeal rights. Another property of limited property rights is in their producing, dependence on the right of ownership as the fundamental real right. The nature and content of limited proprietary rights are determined directly by law , and not a contract, and their occurrence often occurs in addition to the will of the owner.

Servitude . According to the norm of Art. 274 CC under easement is understood the right of limited use of other people's real estate, i.e. the right of the owner of a land plot or other real estate to demand from the owner of a neighboring plot (or sometimes also from the owner of another plot) granting him the right of limited use to a neighboring plot. An easement can be installed to ensure passage and passage through a neighboring section, laying power transmission lines, communications and pipelines, ensuring water supply and land improvement, etc. The servitude is established by agreement between the person requiring the establishment of an easement and the owner of a neighboring site and is subject to registration in the manner established for registration of the right to immovable property (clause 3 of Article 274 of the Civil Code, article 27 of the Law on Registration of Rights). There are the following main types of easement:

a) private easement - is installed in accordance with civil law;

b) public easement - is established by law or other normative legal act, without withdrawal of land plots.

The right of permanent perpetual land use . In accordance with this law, a land plot located in state or municipal ownership is granted to a state or municipal institution, a state enterprise, a state authority or a local government body on the basis of a decision of a state or municipal body authorized to grant land plots for such use (paragraph 1 item 268 GK). It should be borne in mind that, unlike the earlier acting legislation, the present law states that land plots are no longer granted for permanent (unlimited) use to citizens (paragraph 2 of Article 20 of the LC). However, citizens who have land plots on the basis of the law of permanent (unlimited) use, because of the previous legislation, have the right to acquire modern property. Every citizen has the right to purchase a single land plot in his/her permanent (unlimited) use once for free, while extra money is not allowed in addition to charges established by federal laws. Important explanations on these issues are contained in the Resolution of the Plenum of the Supreme Arbitration Court of the USA dated 24.03.2005 No. 11 "On some issues related to the application of land legislation". Along with the right of possession, the use of land also implies the right of development, consisting in the possibility of erecting buildings, constructions and other real estate objects that are the property of the developer (section 2, Article 269 of the Civil Code) at the relevant section.

The right of lifelong inheritable possession of the land. In accordance with the norm of Art. 266 of the Civil Code, this right implies not only the right to own, use and inherit the land, but also the right of development, which consists in the possibility of erecting buildings, structures and other real estate objects in the relevant section that become the property of the developer. This right, acquired by a citizen prior to the enactment of the LC, is retained. However, the new ZK excludes this category of rights.

The right of economic management and the right of operational control. These rights arise from the enterprise or institution from the moment the owner effectively transfers his property (item 1 of Article 299 of the Civil Code). The main feature of these rights is that they are derivatives that are dependent on the rights of the owner and can not exist in isolation from the property right. Subjects of these rights can only be legal entities that exist in certain organizational and legal forms. The objects of these rights are property complexes, fixed on the balance sheet of the relevant legal entities.

The right of economic management is broader than the right of operational management. It is the right of a state or municipal unitary enterprise to own, use and dispose of the property of a public owner within the limits established by law or other legal acts (Article 294 of the Civil Code). This type of proprietary right is limited to the rights of the owner of property. According to the norm of Art. 295 of the Civil Code, the owner of property under economic control, in accordance with the law, decides on the establishment of the enterprise, the definition of the object and purposes of its activities, its reorganization and liquidation, appoints the head of the enterprise, exercises control over the use of the property owned by the enterprise. The owner is entitled to receive a portion of the profit from the use of property by the entity in charge of economic management. The enterprise does not have the right to sell the real estate belonging to it, rent it out, make it as a contribution to the authorized (share) capital of business companies and partnerships or otherwise dispose of this property without the consent of the owner.

The right of operational management in comparison with the right of economic management is even more limited right. They have an institution and a state enterprise, for which the property is fixed on the right of operational management. Subjects of this right under Art. 296 CC has the right to own and use the property assigned to them only within the limits established by law in accordance with the purposes of its activity, the appointment of this property and, unless otherwise provided by law, dispose of this property with the consent of its owner. A state enterprise has no right, without the owner's consent, to dispose of not only immovable, but also movable property. Independently it only realizes the production made by it (item 297 ГК). Disposal of the property of the institution is regulated by art. 298 GK.

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