Protection of property rights. The concept and methods of protection of property rights
The history of the development of private law relationships almost always revolved around the human "I". In other words, people tried to protect their own from the public interest. This fact influenced the development of such a category as property. She was quite popular, especially in the field of legal relations. It is known that already in the laws of King Hammurabi, there were rules governing state regulation of property relations. In more detail the category was painted by the ancient Romans. In their society, property had a primary role, because by that time trade and economic relations had developed quite strongly.
Today, this category does not cause any surprise to both lawyers and representatives of other spheres of human life. Moreover, the term has acquired several basic interpretations, which sometimes leads many astray.In addition, there are a number of rules that not only ensure the property rights of citizens, but also protect them from all sorts of violations. The main methods of protection will be discussed later in the article.
Concept of ownership
Property rights protection is available exclusively in the area of legal relations. But this category is so multifaceted that it has several interpretations at once and can be used in various fields of activity. Speaking from an economic point of view, property is a collection of things that belong to one person, that is, it is the property of a certain person.It should be understood that this is primarily a trade-economic relationship. As for the term "property", it shows only the structural part of the property. Simply put, the property recognizes specific things from the entire array of human property.
In a legal context, a property is a structure or a set of rights that the subjects of a certain industry have in relation to their property. In this case, property as a legal category has three fundamental forms, namely: state, municipal, private. The term is used in several branches of law.In some, such as civil law, it is an entire institution that regulates the process of possession, disposal and use.
This article examines property in a legal context. The fact is that the protection of property rights is possible only through special mechanisms. They exist in separate branches of legal science.
Legal category of ownership
Ownership is regulated by the Civil Code of the Russian Federation. In essence, it is an “ideal” property right. In addition to the relationship of a person to his property, there may also be a certain intellectual property right. However, this structure is only theoretical. The real essence of property consists of the right to use, own and dispose of a particular thing. It should be noted that there is no official interpretation of this concept. Its essence is known since the time of Roman law, but even lawyers of that time could not answer the question of what this category means. For a long time, this philosopher’s stone of a civilist has stirred the minds of scientists, because the protection of property rights must be built primarily on its concept.The most successful explanation is the theory that the right of ownership is the most complete and immediate power over a thing. Some scientists divide this interpretation into two criteria, namely:
- The objective side of the property right allows you to perform any actions in relation to the property with certain restrictions.
- The subjective side shows the personal nature of the implementation of any action at its discretion.
As mentioned earlier, ownership has been known since the days of ancient Rome. After the reception of Roman law, during the Middle Ages, a certain problem appeared. It was associated with the existence of two legal regimes of property management. On the one hand, the subject was a feudal lord, on the other - a vassal. The legal doctrine of the time did not contain any clarification on this issue. Thus, the possibility arose of several parties who could influence the fate of the property. Later, a certain legal loophole was developed, which allowed the complete unification of several rights to the same property.
Current trends in continental law have led to the recognition of property rights as indivisible. In other words, it can be concentrated in the hands of only one person. But in the countries of Anglo-American law a completely different understanding of property. There, this category is very similar to the feudal. This excludes the full ownership of private property. With regard to movable objects, they can be in private ownership of individuals.
Modern civil law of the Russian Federation is built in a classical way on three pillars: possession, disposal and use. Depending on the presence of all three elements, it is customary to single out the full right of ownership or its specific branches. Protection of property rights and other property rights in the Russian Federation is organized on the basis of consideration of each of the elements.
Acquisition and termination of ownership
There are highlights of the acquisition and termination of human rights to certain things. It must be remembered that the birth of a person is not the basis for the possibility of controlling a certain thing.Only through specific legal facts can a person acquire the category presented in the article. Such facts include:
- directly making the property by the owner or providing them with materials for this purpose;
- use of property, which subsequently brought some fruit, results;
- the acquisition of property through a contract of sale or other transaction;
- inheritance of property;
At the same time, the legislator also regulated the process of termination of ownership. Such attention to this category comes from the principle of the inviolability of property rights. In the standard version, a person loses his rights to property if they are transferred to other persons, loss of property or abandonment of their property. Although there are cases where the state has the full right to forcibly terminate the ownership regime. Such cases include the following:
- repayment of property obligations;
- compulsory redemption for the needs of the municipal and state character;
- seizure of land that is not used for its intended purpose.
In addition to the presented aspects, the legislator may establish other methods of forcible termination of the right of ownership.
The concept of protection of property rights
According to international legal acts and the current legislation of the Russian Federation, everyone has the right to own and dispose of property. In addition to this, a citizen can use his opportunity package alone or in conjunction with other legal entities. The presented economic and legal regime is supported by the principle of inviolability of property. As we understand, any framework established by law or other regulatory acts is always violated by someone. This negative phenomenon can happen with the category in question. Thus, the protection of property rights is carried out to retain the existing regime and its absolute protection. It should be noted that this institution of the civil industry is implemented by citizens or other entities through the courts. At the same time, the protection of the right of ownership and other real rights may be exercised in a non-jurisdictional form (self-defense).
The most commonly used judicial form of protection.The fact is that it gives a guaranteed result in case of winning a case. It should also be noted that the protection of property rights and other real rightscan be arranged through two types of lawsuits, depending on the form of violation.
Vindication suit: general concept
Legal protection of property rightsproduced by vindication and negatory claims. As for the first type, it has been known since the times of ancient Rome. Translated from Latin, the name of the lawsuit is decoded as “the announcement of force, the use of force.” In the modern theory of civil law presented the modern concept of this method of protection.According to the Civil Code, a vindication claim is a type of claim from the owner to the person who illegally owns his property. In other words, it is the reclamation of their property from illegal, alien possession. Protecting property rights and other property rights using this court case allows you to actually return your property.
What is real estate vindication?
Many ways of protecting property rights are based on the existing presumption of the proper owner, especially when it comes to vindication suit.According to this theory, the direct or actual owner is proper, that is, the owner of the property. This fact creates a lot of problems for a person who filed a suit in court because the duty of proving improper possession on the part of the defendant falls entirely on the plaintiff’s shoulders. In this case, the defendant is released from any obligation to prove his case. Thus, it is very difficult for the proper owner to build a competent strategy to protect his property. However, if the claimant has all the necessary documents in his hands, as well as actual evidence of the defendant’s wrongfulness, then it’s not difficult to reclaim the thing from illegal possession.
Conditions for filing a vindication suit
Civil law protection of property rights with the help of a vindication suit can be carried out only if there are a number of mandatory conditions. They determine the number of cases in which a subject may file a lawsuit with a court. These conditions include:
- The owner is completely deprived of domination over property, and it, in turn, has completely dropped out of his possession.When it actually remains in the possession of the proper owner, and a third party disputes his right, a claim is made for his recognition.
- The property in relation to which the claim is brought, exists in a constant, original form in the possession of a third party. In the event of a material change or loss of property, the ownership is automatically terminated, and the proper owner can only claim damages.
- With the help of a vindication claim, the protection of the right of ownership is made, and the subject of the application will be the requirement to return the property that is owned illegally.
In some states there is proprietary protection of property rights.The key method of this form is a lawsuit. It should be noted that in the legislation of Russia there is no such concept, although this institution is quite similar to the vindication lawsuit. In the classical sense, a real claim, or a lawsuit, is a non-contractual claim against third parties for the termination of violations of the rights to a particular thing or the elimination of aspects that create these violations.As mentioned earlier, this institution has many similarities with the vindication method of protection (absolute character, substantive claim, restoration nature, implementation through the court).
Although there is no such category in civil law and legislation of Russia, it exists in the doctrinal works of many scientists as the key basis of all known methods of protecting property rights.
Real means of protecting the right to property include the possibility of filing a negatory claim, which relates to a specific method of judicial protection of rights. We have previously indicated that vindication and negatory claims are key in civil law. However, they differ significantly among themselves. A non-claim is a requirement of the non-contractual nature of the proper owner, addressed to third parties, for termination or removal of obstacles that create difficulties in the process of direct disposal or use of property. Along with the vindication ones, it can be described as the basis on which the proprietary legal protection of property rights is built through the court.
The structure of the claim
Given the above interpretation, it can be concluded that the grounds for the negatory claim are circumstances justifying the claimant’s right to use, own and dispose of the thing. On the other hand, the circumstance is the behavior of a third party or persons, as a result of which the claimant cannot fully use his property. Thus, it is possible to distinguish the circle of persons who may be parties to the dispute. The plaintiff always acts:
- title owner of the property;
- the owner;
- the subject of real right, which is limited;
As for the defendant, it is almost always the case for a person whose illegal actions make it difficult for the claimant to exercise his right of ownership.
It should be noted that in addition to all the claims that the claimant wishes to satisfy by means of a claim, he also has the full right to demand from the other party compensation for the damage and losses incurred due to the inability to exercise his right for a certain time.
Problem negator of the claim
Legal protection of property rights with the help of a negatory claim has been causing controversy among lawyers for both practical and scientific activities for many years. The controversy itself originated in Roman law.The bottom line is that the negatory claim cannot be counted among the universal methods of protection. This opinion was formed due to the fact that this judicial method can be used absolutely in any case, if only the dispute was not connected with actual deprivation of possession. Nevertheless, other practitioners parry this conclusion, citing the fact that the vindication method is inherently directly proportional, but questions about its universality do not arise. To date, legal methods of protecting property rights cause many theoretical disputes, but this does not prevent them from being used by citizens of the Russian Federation to protect and defend their violated or impaired rights.
Protection of property rights and other rights in rem may be exercised by citizens of the Russian Federation directly, without the use of judicial instances.In civil law, self-defense recognizes the initiative actions of subjects aimed at preventing a real violation of their legal regime, as well as actions aimed at reducing the consequences after any violations of law.This category is provided in article 12 of the Civil Code of the Russian Federation. Article 14 clarifies that self-defense must be proportionate with the violation. It can not go beyond the generally accepted framework established by the norms of morality in society.
Other moments of civil law protection
Along with the right of ownership, people realize a lot of other powers in their daily life activities. This may include contractual, hereditary, obligatory and other legal relations. Thus, in civil law there is a whole string of ways to ensure the protection of rights. This may include proprietary methods and legal obligations, used mainly in case of violation of contractual or obligatory relations. An excellent example is the protection of intellectual property rights. In addition to the title competence, this category contains a lot of other related legal aspects, if we take into account the specific characteristics of intellectual property in general.
Thus, in this article, the concept of protection of property rights was given, as well as the main types of its implementation.In conclusion, it should be noted that the defense itself is a legal relationship with a characteristic object, object and parties. However, given the principle of disposition in civil law, a person is given the opportunity to choose those methods that are most convenient for him. Plus, lawyers constantly model all new aspects of the protection of civil rights, because humanity is evolving, which means that the very nature of the law is changing.