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According to the Constitution, the state guarantees everyone the right to property and facilitates its acquisition. The inviolability of property and the right of its inheritance are protected by law. Property acquired legally is protected by the state
In the event of a violation of property rights, the mechanisms for its protection provided by various branches of law (criminal, civil, etc.) come into effect. Each of these mechanisms has its own characteristics.
Civil protection of property rights and other property rights is a set of provisions provided for by civil
legislation of legal means that can be used in case of violation of these rights.
A feature of civil legal remedies for the protection of property rights is that they are aimed at restoring or protecting the property interests of the holders of this right. However, they are also different. The use of certain means of protecting property rights depends on the nature of the violation of this right. If such a violation arose in connection with non-fulfillment or improper fulfillment of contractual obligations, causing damage to property, then legal remedies provided for, respectively, by the norms of contract law or legislation on causing harm, come into force.
In cases where the owner's rights to property are disputed, he may file a claim for recognition of ownership rights.
In case of violation of the owner's powers to own and use property, proprietary methods are used to protect property rights. In case of violation of the owner's authority to own property, a method of protecting property rights is used, such as a vindication claim. This is a claim by the owner to recover his property from a person who is holding such property without legal grounds.
The owner has the right to reclaim his property from someone else's illegal possession. Such a claim is based on a violation of a property right, which, as stated above, is of an absolute nature. Therefore, the defendant in a claim can be any person who similarly violates the authority of the owner. If the property about which a dispute has arisen is the subject of an agreement concluded between the parties, or the object of another obligatory legal relationship, a vindication claim cannot be applied.
The owner's right to a thing belonging to him follows this particular thing, regardless of its location. Through a vindication claim, it is possible to recover from someone else’s illegal possession only an individually defined thing (the one that was unlawfully taken from the owner’s possession) that was available to the defendant at the time the claim was filed. Individually defined things are one of a kind (for example, an original painting), or distinguished from other similar things by established characteristics (for example, by the number indicated on the thing). If a thing is generic, it is determined in civil circulation by indicating the quantity, volume.
weight, it cannot be the subject of a vindication claim. In the event of unlawful deprivation of possession of such a thing, the owner has the right to demand only compensation for losses caused to the owner, but not the thing itself. The issue is resolved in a similar way in the case where a thing unlawfully taken from the owner’s possession does not exist in kind at the time the claim is filed.
The owner or other legal possessor in all cases has the right to reclaim property from the person who, through dishonest actions, took possession of this property (for example, from the person who stole the thing). The basis for such a decision is the guilt of the actions of the illegal owner. If a person, even illegally, but in good faith, acquires possession of certain property, the legislator is forced to make a choice - to protect the right of the owner or the interest of a bona fide purchaser (for example, a person who bought a stolen item and, due to the circumstances of the case, did not know about it).
Money and bearer securities (these include securities the right to which can be exercised by any owner of the security) cannot be demanded from a bona fide purchaser. In other cases, the decision depends on the nature of the disposal of the property from the owner’s possession and the method of acquisition of the property by the illegal owner. If an illegal owner acquired this property free of charge (for example, as a gift) from a person who did not have the right to alienate it, the owner has the right to reclaim his property. If the property was acquired for compensation from a person who did not have the right to alienate it, about which the acquirer did not know and should not have known, then the owner has the right to claim this property from a bona fide acquirer only in the case when the property is lost by the owner or the person to whom it was transferred the owner into possession, or stolen from one or the other, or removed from their possession in some other way against their will.
Violation of the rights of the owner can be expressed not only in depriving him of the opportunity to own a thing, but also in creating conditions that make it impossible or difficult for the owner to use it. The owner has the right to demand the elimination of such violations. Such a claim is called negative.
The owner may demand the elimination of any violations of his rights, even if these violations were not associated with deprivation of possession. Such a claim can be used both against the actions of other participants in civil law that violate the rights of the owner (for example, the owner of a neighboring land plot who blocked the owner’s passage to his site), and against the actions of government bodies that have the same consequences (for example, if in the order of application measures to secure a claim, foreclosure on the debtor's property in execution of a decision, sentence or court order in an administrative case, as a measure to protect inherited property and in other cases provided for by law, property belonging not only to the debtor (convict), but also to others is seized persons, the latter have the right to bring a claim against the debtor and organizations or persons in whose interests the property is seized to remove this obstacle to the use of property by releasing it from seizure (exclusion from the inventory).

Federal Education Agency

State educational institution of higher professional education

"Voronezh State University"

Faculty of Law

Department of Civil Law and Procedure

Course work

In the discipline "Civil Law"

option 2

Topic: “Current problems of property rights”

Completed by a student

Groups 1 (3) courses

correspondence department

abbreviated form of education Nikolenko Irina

Voronezh 2008

INTRODUCTION
ChapterI.
Property as an economic and legal category.
§ 1. The economic essence of property relations.
§ 2. Property rights as a subjective right: concept and content.
Chapter§ 3. Restrictions and limits on the exercise of property rights.II
.
Subjects and objects of property rights.
§ 1. Subjects of property rights and problems of identifying forms of ownership.
§ 2. Objects of property rights.

CONCLUSION

BIBLIOGRAPHY

INTRODUCTION

Property is a historically developing social relationship that characterizes the distribution (appropriation) of things as elements of the material wealth of society between various persons (individuals, social groups, the state). Property cannot be imagined without some people treating specific things, conditions and products of production as their own, and others as strangers. From this it clearly follows that property is a person’s relationship to a thing. Moreover, since we are talking about the relationship of different people to the same specific thing, there are grounds to talk about property as a relationship between people regarding things. The totality of things belonging to a given owner constitutes an object of ownership, i.e., the property of the corresponding person, therefore property relations are also called property relations. Being legislatively regulated by the state, they acquire the form of property rights. Property rights are a set of legal norms that secure and protect the ownership of material goods by certain individuals or groups, providing for the scope and content of the owner’s rights in relation to the property he owns, the methods and limits of the exercise of these rights. The right of ownership is that the owner, at his own discretion, owns, uses and disposes of the property belonging to him.

The main goal of my course design is to identify current problems of property rights, namely, to distinguish between the economic and legal categories of property, to define the subjective concept of property rights and to characterize its content, to identify the main restrictions and limits of the exercise of property rights, to characterize the main range of subjects of property rights and problems of identifying forms property, list the objects of property rights.

ChapterI. Property as an economic and legal category.

§ 1. The economic essence of property relations.

Property can be defined as the attitude of an individual or a group to a thing belonging to him as if it were his own. Any type and any form of property, no matter how high in a particular case the level of socialization or, what is the same, the level of collectivization of property, can exist only on the condition that someone treats the conditions and products of production as their own , and some to strangers. Without this there is no property at all. From this point of view, any form of property is private.

Property is a person’s relationship to a thing. Since property is unthinkable without other persons who are not the owners of a given thing treating it as someone else’s, property means a relationship between people regarding things. At one pole of this relationship is the owner, who treats the thing as if it were his own; at the other, there are non-owners, i.e., all third parties who are obliged to treat it as someone else’s. This means that third parties are obliged to refrain from any encroachment on someone else’s thing, and, consequently, on the will of the owner, which is embodied in this thing. From the definition of property it follows that it has a material substrate in the form. Ownership also has volitional content, since it is the sovereign will of the owner that determines the existence of the thing belonging to him.

There are significant differences in the economic and legal understanding of property.

Property is, of course, not things or property. It is a certain economic (actual) relationship subject to legal formalization. The economic relationship of property, firstly, consists of the relationship between people regarding specific property (material goods). It lies in the fact that this property is appropriated by a specific person who uses it in his own interests, and all other persons must not interfere with him in this; secondly, it also includes the person’s attitude towards the appropriated property (material wealth, including things) as his own (for an ordinary person treats his property differently than someone else’s).

The law formalizes both of these sides of economic (actual) property relations: the relationship between people regarding property, giving the owner the opportunity to protect against unjustified encroachments of other (third) parties, and his attitude towards the appropriated property, defining the boundaries of its permitted use. In the first case, the absolute nature of real legal relations, including property legal relations, is manifested. In the second case, we are talking about the content and real scope of the powers of the owner (or the subject of other property rights). Thus, the legal form of property relations (appropriation) is predetermined by their economic content.

Property relations in the economic sense are relations between people regarding certain material goods, expressed in the ownership (appropriation) of these goods by one person and in the elimination of claims to them by other persons.

The owner has complete economic dominance over the thing, uses it at his own discretion and excludes other persons from using it (or allows them to use the thing, but also at his own discretion).

The economic content of property relations lies, firstly, in the fact that a person appropriates certain material benefits (property, things), which are thereby alienated from other persons. The obvious essence of appropriation is to treat the appropriated property as one's own. Moreover, the appropriation of some property (thing) by one person inevitably entails the alienation of this property from all other persons, otherwise the appropriation loses all meaning. Therefore, for example, our proclaimed attempts to “eliminate general alienation from the means of production” or from any other property are nonsense, because specific things cannot be appropriated by everyone at the same time. From this point of view, any property (appropriation) is private, because it formalizes the ownership of specific things by specific persons (subjects), including, for example, the state, since the latter, as an independent subject in this sense, opposes all other subjects.

Secondly, the appropriation of property is associated with the exercise of economic (economic) domination over it, that is, with the exclusive ability of the person who appropriated specific property to decide at his own discretion how to use this property. At the same time, such a person is guided by his own interests, and not by the instructions of other persons, for example, state bodies, when determining the directions of use of his property (which part of it to put into circulation and under what conditions, which part to leave in reserve, which to consume, etc.), including including allowing other persons to use it or preventing them from doing so.

Thirdly, the person who appropriated the property receives not only the pleasant “benefits” of owning it as a consequence of his economic dominance over the property. At the same time, the burden of maintaining his own things is placed on him: the need to carry out repairs and security; bearing the risk of accidental death or damage from causes for which no one is responsible, as well as the risk of possible losses from inept or irrational management of one’s affairs (including ruin and bankruptcy).

In this sense, the existence of a burden of property actually obliges the owner of the property to be the true owner of his things. It is the combination of the benefit and burden of property that characterizes the position of a true owner, and the absence of the burden of worries, risks and losses of property will never make him a true owner.

So, after analyzing the above, we can say that property is a social relationship. Without the attitude of other persons to a thing belonging to the owner as someone else’s, there would be no attitude of the owner himself towards it as his own. The content of property as a social relationship is revealed through those connections and relationships that the owner necessarily enters into with other people in the process of production, distribution, exchange and consumption of material goods.

Possession means the economic dominance of the owner over a thing. Possession expresses the statistics of property relations, the assignment of things to individuals and groups. Use means extracting useful properties from a thing through its productive and personal consumption. Disposition means the performance of acts in relation to a thing that determine its fate, up to and including the destruction of the thing. This includes alienation of a thing, leasing it, pledging a thing, and much more. The dynamics of property relations are already expressed in use and disposal.

Thus, economic property relations are relations of appropriation by specific persons of certain property (material goods), entailing its alienation from all other persons and providing the possibility of economic domination over the appropriated property, coupled with the need to bear the burden of its maintenance. 1

§ 2. Property rights as a subjective right: concept and content.

The institution of property law covers all legal norms that establish (recognize), regulate and protect the ownership of material goods by specific persons. These, therefore, include not only the relevant norms of civil law, but also certain regulations of a constitutional and administrative legal nature, and even some criminal law rules establishing the ownership of property by certain persons, assigning to them certain possibilities for its use and providing for legal methods of protection rights and interests of owners. 1

Job number:

Year added:

Workload:

Introduction 3
1. Fundamentals of the theory of property rights 5
1.1 Concept of property rights 5
1.2 Guarantees of property rights and definition of liability 7
2. Analysis of relations and property rights 17
2.1 Problems with the implementation of property rights 17
2.2 Practice of distribution of property rights between various economic entities 20
Conclusion 25
References 26

Excerpt from the work:

Some abstracts from work on the topic Property rights: the problem of guarantees and liability
Introduction

A change of owner does not create sufficient conditions for the efficient functioning of the economy. This requires a comprehensive restructuring of the entire system of socio-economic and legal relations in society, which poses a particularly acute problem of the specification of property rights associated with changes in relations and guarantees for property rights not only at the macro level, but also in individual areas of economic activity. From this point of view, the study of changes in relations and guarantees of property rights is extremely relevant both in theoretical and applied terms.
2. Analysis of relations and property rights
2.1 Problems with the implementation of property rights
The current legislation in the Russian Federation and all its branches and institutions are based on the principles of a market economy enshrined in the Constitution of the Russian Federation, such as equality of various forms of ownership, freedom of entrepreneurial activity, freedom of contractual relations, prohibition of market monopolization and unfair competition, which are further developed in the Civil Code. Code of the Russian Federation and other industry acts. At the same time, there is an unjustified dominance of purely civilistic (civil law) approaches in the interpretation of the problem of property and a certain “skew” in the legal regulation of this institution. In fact, all branches of law (constitutional and administrative, land and environmental, financial with its branches - tax and budgetary, and criminal, and international private law) to one degree or another comprehensively regulate the movement and circulation of property, it is recognized, protected, increased or contribute to its increase.

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