Law, State and Law
Content of ownership: a triad of elements - the authority of the subject
The Institute of Property Rights includes norms belonging to different branches of law. The regulations governing this type of relationship are contained in the administrative, labor, tax and other branches. Fundamental provisions are established by the Constitution of the Russian Federation. This document fixes the forms, subjects and objects of this right. In addition, the Constitution declares state protection of this institution.
Content of ownership is a combination of aspects of its manifestation. This includes possession, use and disposal. The absence of at least one of these powers does not allow the term "owner" to be applied to him.
Under the ownership is the opportunity to possess property. This element, which is part of the content of the property right, implies the legal provision of finding the material object in the actual economic management of the person. The subject possessing this possibility is called the owner.
Under the "authority" of use included in the content of the right of ownership, it is understood that it is possible in any way to exploit the object, benefiting from it. This power is usually associated with possession.
The owner, however, possesses not only the listed possibilities. He can use material objects to realize entrepreneurial goals. The ability to alienate property under a contract is also included in the ownership right. The content of the category protected by the constitution is also disclosed in the form of transfer of material value to trust management.
The content of property is applicable only to objects of the material world. Thus, authorship, the right to life or movement does not belong to the category under investigation.
Today, in civil law there are three forms of ownership: public, private and municipal. The first, in turn, is divided into federal and regional. Municipal property is not state property , because local authority is exercised by the population of the administrative and territorial formation through the election of the relevant bodies.
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