Article 209 of the Civil Code of the Russian Federation: "Content of ownership"

Norm 209 of the Civil Code reveals the essence of ownership. In particular, it establishes that a legitimate owner of property can own, use and dispose of it.

Legal Possibilities

Norm 209 of the Civil Code of the Russian Federation specifies that the owner of the property may, at his own discretion, exercise any material actions that belong to him, which do not contradict the established legal and other legal acts. However, they also should not violate the rights and interests of others. According to Art. 209 of the Civil Code of the Russian Federation, the owner can, among other things, alienate property to other entities, provide them with the opportunity to dispose of and use material values, give them as collateral, and encumber them in other ways.

Items 3 and 4

The disposal, use and ownership of land and other natural resources, to the extent that their turnover is lawful, are made by the owner freely. In this case, the actions of the subject should not cause harm to the environment and violate the interests of other persons. The owner of material values has the right to transfer them to trust management. At the same time, the right of ownership remains with him. The trustee, in turn, is obliged to take appropriate actions in the interests of the lawful owner or of the third party designated by him.

Article 209 of the Civil Code of the Russian Federation: commentary

The property right plays a key role among all legal possibilities of property character. They include, in particular, servitudes, economic management, operational management and so on. Property law is characterized by a number of features. On the one hand, they allow us to consider them as a unified system, and on the other hand, to distinguish them from other categories. First of all, a thing acts as an object. It is the subject of the material world, which can be in the possession of a person and serve the satisfaction of his needs.

The existence of property rights means the formation of the relationship of the subject to the thing that he owns. When talking about ownership, indicate the belonging of the object: "mine" or "someone else's". Interest of the owner of the right is satisfied through the commission of one's own actions. In particular, the owner uses the subject at his own discretion. In this case, other people have a duty not to prevent the subject from exercising his right. This feature allows you to clearly separate property relations from liabilities. In the latter case, interest is satisfied through the actions of the obliged. A proprietary right is considered absolute.

Property Features

The category explained by Article 209 of the Civil Code of the Russian Federation, in the economic sense, is a historically established institution. Within the framework of developing social relations, material wealth is appropriated. In the objective sense, the right of ownership acts as a system of norms. They regulate the above-mentioned social relations. In the subjective sense, property is a measure of permissible behavior ensured by law, by order, use and possession of material values. This is indicated by Article 209 of the Civil Code of the Russian Federation.

Ownership

Citing the comment to the norm of 209 CC RF, one can not help explaining the structural elements of the property right. Ownership is the first. It, like the other components, is mentioned in part one. Art. 209 of the Civil Code of the Russian Federation considers the owner of property in a broad sense. The right of possession acts as the lawful possibility of having a thing in one's own physical sense. The subject is the one who holds it in his hands, as well as the one in whose household he is. In this case, the thing should be available for technical, physical and other effects. At the rate of 209 of the Civil Code of the Russian Federation, land, subsoil, buildings and other objects that can not be held in the hands of the object of ownership can also act.

Features of the ownership of law

At the rate of 209 of the Civil Code of the Russian Federation, not only the owner of the property owns the property. A legitimate owner of wealth can transfer them for safekeeping, leasing, bail and so on. Accordingly, the receiving entity has the right of ownership. Meanwhile, the right of ownership in the transfer of a thing in such cases is not lost to the legitimate owner. He continues to stay with them. The right to own a non-owner has a derivative character. In this case, the subject who accepted the item may not be able to use it (for example, when pledging or storing), or its conditions are determined by the legitimate owner. As a rule, there is no right of disposal.

Use

It is an opportunity to extract useful properties from an object. The forms of use will depend on the natural characteristics of the thing. In this case, it is useful in the comment of Art. 209 of the Civil Code of the Russian Federation to include references to other norms of legislation. The use of the thing can be carried out by appointment or by other means. The first, in particular, fix art. 209, 288 of the Civil Code of the Russian Federation. The considered norms explain the general order of realization of the property right. Art. 288 GK contains a description of the disposal, use and ownership of the dwelling. The first part of this rule specifies, in particular, that these actions are committed by the owner in accordance with the purpose of the object. At the same time, the legitimate owner has certain duties. According to the norms of 209, 210 of the Civil Code of the Russian Federation, the owner, carrying out the possession, use and disposal of the residential facility, bears the burden of its maintenance, unless the other derives from the law or the contract.

Ordinance

It involves the ability to determine the legal fate of things. The right of disposal is realized through the commission of acts aimed at achieving specific legal consequences. The owner, in particular, can sell, donate, lease the property belonging to him. In some cases, the subject who receives the thing also receives the right to dispose of it. For example, an employer, under certain circumstances, can lease an object obtained under a lease agreement to a sublease. The right of disposal, however, is limited.

Features of regulatory requirements

The basic law establishes that no one should be deprived of his property except by a judicial decision. Norms, meanwhile, forcible alienation of objects for state needs is permitted. At the same time, the legitimate owner must be provided with a pre-equal compensation. Civil law is based on the recognition of the inviolability of private property. When establishing the grounds for the emergence of a property right, the provisions give a description of its content (norm 209 of the Civil Code of the Russian Federation), determine the categories of subjects and so on. Civil law does not allow arbitrary interference in private affairs. This, among other things, means the impossibility of touching on the right of ownership in the absence of appropriate grounds.

Subject Protection

Legislation provides for ways to restore violated rights. In particular, it is a question of judicial protection. Any entity whose owner's right was violated may apply to an authorized body with a suit. Infringement of interests can be direct or indirect. In case of violation of the right of ownership directly, a property claim is sent to court. In other cases, a mandatory legal requirement is filed.

Specificity of the actions of the owner

The second paragraph of the norm of 209 CC RF established the possibility of a legitimate owner to make any transactions. In order to avoid the absolute power of the subjects, a restriction is established. The action of the owner must comply with legislative requirements and do not violate the interests of other persons. To prevent conflict situations, the legislator guarantees the reality of the subject's rights and the inviolability of his property. In doing so, it establishes the limits and limitations of property rights. These boundaries have a different nature.

Limits of law

They are established in the legislation. In particular, the norms prohibit actions that are taken to inflict damage on others, as well as any forms of abuse of the law. The owner may carry out actions that are in accordance with the law and do not infringe the interests of other entities. For example, according to Art. 260 the land owner can present, sell, lease / pledge in so far as the land in which the plot is included is not withdrawn from circulation or is not restricted therein.

Restrictions

This framework of property rights is subjective. They are established depending on the will of persons or judicial bodies, based on legislative provisions. The boundaries of the law are permissible, if the parties to the relationship establish the relevant restrictions on the agreement. For example, when signing a mortgage agreement, the participants in the transaction stipulate that the pledger can not dispose of the property.

Ownership of natural resources

It is given attention in paragraph 3. In general, with respect to natural resources, general rules for disposal, possession and use apply. Together with the reproduction of the already established order, the norm indicates the possibility of exercising the powers to the extent that it is permitted by law. In addition, damage to nature by possession, disposal or use is prohibited.

Trust management

It is regulated by Ch. 53 of the Civil Code. Trust management is a way of exercising the right of disposal by the owner. The provisions of the rule in question are specified in art. 1012 GK (point one). In accordance with it, one participant in the relationship transfers the object to another for a specific period of time in trust management. At the same time, the receiving party assumes the responsibility to perform appropriate actions in the interests and in favor of the owner or the person indicated by him.