Property - what is it? Definition and types of property: movable and immovable, state, municipal, organizations and individuals

In this article we would like to talk about property and its main types. In particular, we will define such terms as movable property and real estate. We will also consider the concept of property and discuss its forms and types. We hope that this information will be useful to you.

Property - a complex legal term, having different interpretations

In various legal norms, depending on the scope of application, this concept can be used in different meanings. It is collective and heterogeneous in its composition. The property can be considered as a separate thing or as a certain aggregate of material values (see articles 133-135 of the Civil Code). In another sense, this term can also cover property rights (see 301, 303 of the Civil Code of the Russian Federation). In the law of inheritance, the notion of "property" includes not only items of the material world and law, but also the duties of the testator (see Article 1112 of the Civil Code of the Russian Federation). So far, in the legal literature there is no single understanding of property. Nevertheless, many researchers, including VA Lapach, support the most capacious definition of this term. In their opinion, it should include any products of nature and human activity (including intellectual ones) that are endowed with a certain valuation and become a commodity, as well as the rights and property obligations arising over them. Summarizing the above, we summarize. Property - this is the main object of civil rights, which includes material things (including securities and money), the results of intellectual work and other intangible goods, as well as property rights and property obligations.

Movable property. Money and securities

In civil relations, the most common object are things. They are divided into two main types - movable and immovable. Movable material values can easily move together with their owners, can be generic or individually-defined and are usually interchangeable. In paragraph 2 of Art. 130 of the Civil Code of the Russian Federation it is described that not only various objects of the material world are included in the category of movable property, but also money with securities. The latter are special documents certifying property rights. They have the requisites and the established form. In Art. 143 of the Civil Code of the Russian Federation describes various types of securities, including government bonds, bills of exchange, checks, savings and deposit certificates, a bill of lading, a savings book and shares.

The list of objects relating to real estate

Real estate are objects of the material world, which are always in one place, having close connection with the earth, and are irreplaceable. In Art. 130 of the Civil Code of the Russian Federation describes what things can relate to real estate. Their list is as follows:

• Objects of natural, natural origin - water areas, bowels of the earth and other natural resources;
• Objects that have a close relationship with the land - forest plots, various structures, structures, buildings;
• Objects recognized by the legislative authority for real estate for various reasons - sea and aircraft, artificial satellites, orbital stations, space ships, inland navigation vessels, etc.

Article 132 of the Civil Code of the Russian Federation supplements this list and refers to it another type of real estate - an enterprise understood as a property complex used for entrepreneurship and acting as an independent subject of purchase and sale and other transactions. Also in Art. 1 of the Federal Law No. 122-FZ of July 21, 1997, residential premises intended for the citizens' residence and meeting all the established sanitary, technical, fire-fighting and other requirements and non-residential premises intended for commercial, administrative, Warehouse, production use.

The concept of property. Common property

In this article, we would like to highlight another important term of civil law - "property." In the legal context, it refers to a person's relation to the thing he has as his own, and reflects the whole complex of property rights. The concept of property implies the presence of several rights in the subject of legal relations, including the right to use (the ability to use the thing at will and have income from it), possession (that is, the physical possession of the thing) and orders (the opportunity to present, exchange the item to be sold). Common property is a special kind of legal relationship that arises if the right to use, dispose and own the same good is at once from several persons (two or more). In this case, the benefit is a common property, it can consist of indivisible and divisible things or their totality. The right of common ownership can arise on indivisible things in the event that they are inherited by several persons by the law or will. An example can serve as a situation of receiving by children of a deceased testator of a dwelling belonging to him - a country house.

Property owned by the state

In the Russian Federation, various forms of property are recognized and protected by law, including state, municipal, and private. In Art. 212 of the Civil Code of the Russian Federation gives their classification. State ownership (that is, state property movable and immovable) is represented by two types: federal and property of the subjects - republics, regions, cities, territories, etc. The state acts as a subject of legal relations, like any other owner, and therefore has the right to dispose of material And intangibles at their own discretion - to give, lease, sell, etc. An example of such property may be factories, mines, military mining, etc. Ownership rights The Russian Federation and its subjects carry out through state authorities or on special assignments of the President, the Government and representative bodies.

Property of municipalities

Municipal property is a separate form of property, existing in parallel with the state. Municipal property by law belongs to rural, urban settlements or other municipalities and is designed to meet the interests of their residents. It is divided into two types: the property that is assigned to municipal institutions and enterprises, and property that is not assigned to enterprises and municipal institutions and constitutes the treasury. The list of municipal property includes municipal natural and land resources, municipal organizations, enterprises, banks, off-budget funds, housing and housing facilities, etc.

Private ownership. Property of individuals

Private property is classified into the ownership of individuals and legal entities. The first is a form in which the results of production and funds belong to individuals. Private property of an individual may include any property, except that which by law is excluded from the right of private property, the value and quantity of which are not limited (except for certain established cases). Any commercial and non-commercial organizations - associations, charitable foundations, religious organizations, economic partnerships, consumer cooperatives, unions, etc. can be legal entities acting as subjects of ownership. Exceptions are state, municipal enterprises and institutions financed by the owner. The property of the organization is any movable and immovable things that any commercial or non-commercial enterprise uses in its production or other types of activities. This can be equipment, land, money, buildings, raw materials, products, etc. In Russia, movable and immovable property of the organization is recognized as an object of taxation. At the same time, the tax base is calculated as the average annual value of material assets and is calculated in accordance with the data of the enterprise's accounting records. Based on the results of the tax period equal to one calendar year, a declaration of property must be provided from each organization.

Instead of concluding

So, in this article we answered the question: "Property is this?" And gave definition to important concepts such as "property" and "common property". They told about the types of property and found out how the movable property differs from the immovable. In addition, we talked about the existing forms of ownership in the Russian Federation and examined how different state and municipal property, as well as private property of individuals and legal entities.