Property rights as objects of civil legal relations - Civil law

Property rights as objects of civil legal relations

Civil Code among the objects of civil rights also calls property rights, but the content of this concept does not disclose. It is important to note: it is now generally accepted that the term "property rights" is not equivalent to the expression "property rights"; and has its own content. Thus, the civil doctrine under property rights understands the subjective rights of participants in civil legal relations related to the possession, use and disposition of property, as well as with the material (property) requirements that arise between the participants in the civil turnover on the distribution of this property and exchange (goods, services, works, money, securities, etc.). For example, property rights are the rights of authors, inventors to remuneration (fee) for works created by them (the results of their creative work), hereditary rights, etc. In addition, the legal originality of property rights is that they are subjects of transactions. This they are different from personal non-property rights. Property rights are negotiable, personal non-property rights are unbearable. Moreover, proceeding from the traditional doctrine of civil law, it can be concluded that all rights are assumed to be property, except for personal non-property and personal property rights. This doctrinally fixed opinion is based on the fact that, unlike property rights, personal non-property and personal property rights are not able to act as an independent object of civil turnover.

Among the property rights, the legislator distinguishes between proprietary and obligatory rights. Although in civil literature there is an opinion on the conventionality of this division, it can be taken as a basis for the classification of property rights. So, to real property rights first of all belong: the owner's rights, the right to lifelong inheritable possession of the land (Article 265 GK), the right of permanent (unlimited) use of the land (Article 268), easements (Article 274, 277), right economic management of property (Article 294) and the right to operational management of property (Article 296 GK). Among the huge variety of property rights, as an example, the right to compensation for damage caused to the health of a citizen due to loss of earnings, as well as harm caused to the property of an individual or legal entity. Moreover, the main difference between real rights and obligations can be found in the content of these rights : proprietary law gives its carrier dominance over the thing, expressed in the ability to perform any actions (within legal restrictions) with respect to the thing, and the ability to demand negative behavior from all other persons; on the contrary, the main content of the obligation law is reduced to the possibility to demand from other (strictly defined) persons active conduct, as well as to perform other independent actions aimed at realizing this possibility. Property law is characterized by an inseparable connection with the thing manifested in the special property of this right - following the thing. Thus, the transfer of proprietary rights in isolation of the thing itself is impossible, and therefore, proprietary rights appear in civil circulation only in connection with things and an independent object of legal relations can not be. Obligations, in contrast, may be subject to civil turnover in their "clean" form.

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