Content of the property right: 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.
The right of ownership is understood in the objective andsubjective meanings. In the first case, it is disclosed as a legally enforceable opportunity to use all the powers included in the content of this category, within the permissible limits at its own discretion. In the second case, it means a system of norms that establishes the belonging of things to certain subjects.
Content of ownership isa 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 possession is the opportunity to possessproperty. This element, which is included in 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.
Included in the content of ownership"Authority" of the order means permission to change the ownership of a material object, as well as its purpose and state. The possessor of such power can alienate a thing by any means (even bequeath it) or destroy it.
Under the property rights included in the content"Power" of use means the possibility of exploiting the facility in any way, benefiting from it. This power is usually associated with possession.
The owner, however, possesses not onlylisted capabilities. He can use material objects for the realization of 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.
In the event of the lawful location of the property,which is not the owner, this individual can have such legal possibilities as lifelong and inherited possession of the territory or the perpetual use of it (including in the form of an easement). This includes operational management or economic management of the facility.
The content of property is applicable only to objects of the material world. So, authorship, the right to life or movement does not belong to the category under investigation.
Today in civil law there are three formsproperty: state, 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 administrative-territorial formation through the election of the relevant bodies.