Acquisition of ownership.

In the objective sense, the concept of "ownership" is a multi-sectoral or complex institution that unites the norms of different branches of law (criminal, constitutional, administrative, civil). This institution covers the whole set of norms that establish the principles of belonging to that or property to specific, certain persons, regulating and protecting the belonging of different material goods to certain persons. This economic category, like property, accompanies humanity along the whole path of its development.

Currently, literally every thing belongs to someone, that is, has an owner. And he belongs to the powers of this possession, as well as the disposal and use of the objects of his property. But in order to freely exercise the powers that are granted to him, the owner must be sure that he has the right of ownership. Acquisition of property rights and gives such confidence.

In order for civil circulation to be stable, it is necessary to clearly define what methods and grounds have the acquisition of property rights. They are the legal facts and the list, which generalizes them, is determined by law. The grounds for acquiring property rights can still be called titles of property. Titular possession is the possession of a thing, which is based on some legal basis, and it follows from the corresponding, specific title, that is, the legal fact. Titles of ownership are acquired in different ways.

The original ways of acquiring the right of ownership in no way depend on what the previous owner had for a particular thing. This group includes those cases in which we are talking about things without a previous owner. The initial ways are divided into: the production (creation) of a thing, to which no one previously established property rights and could not by definition; Processing, collection, extraction of things that are generally available for these purposes; Unauthorized construction (under certain conditions), and also it is possible to become the owner of ownerless property.

Derivative means of acquiring the right of ownership are those by means of which the ownership of a thing arises solely at the will of the previous owner. Usually this happens by agreement. Production methods include: the acquisition of ownership on the basis of any transaction or contract for the alienation of things; In the order of succession, when the legal entity is reorganized; In the order of succession in case of death of a citizen.

Acquisition of property rights in two different ways has different results. For example, with derivative methods, in addition to the will of the owner, one must also consider whether other persons have rights to a particular thing. They can be a tenant, a mortgagee and so on. Thus, the property of the new owner becomes encumbered with these rights. But the initial purchaser of things is not constrained by any such restrictions.

It can safely be said that the difference between derivatives and the initial ways of acquiring the right of ownership is reduced to the presence or absence of succession. In many ways to acquire ownership under the law can use any subjects, but there are special ways that only certain subjects of civil law are allowed to use. For example, confiscation, nationalization, revision serve as the basis for only state property, the collection of duties and taxes - also municipal property.