Ownership Right (property law)

What is property law?

Ownership Right: Ownership Right shall be the right of an individual in a thing (property) that he/she enjoys in compliance with the effective legislation on his/her own will irrespective of the will of the third persons.

Concept of a Thing:
An item of the material world with respect thereto civil rights and obligations may arise shall be recognized as a thing.

Animals:
Animals shall be specific objects of civil rights. The legal regime of a thing shall extend to them, except for the cases established by the law.

Immovable and Movable Things:
Immovable things (immovable property, immovables) shall include land parcels and the objects located on them, which cannot be moved without their devaluation and change of their target use.
The regime of an immovable thing can be also extended by the law to aircrafts and sea crafts, inland-navigation vessels, space objects and other things the rights thereto shall be subject to state registration.
Things that can be freely moved in space shall be recognized as movable things.

Divisible and Indivisible Things:
A thing that can be divided without loose if its target use shall be recognized as divisible.
A thing that cannot be divided without loose of its target use shall be recognized asindivisible.

Content of the Ownership Right:
The owner shall have the right to own, use and dispose of his property.
The content of the ownership right shall not be affected by the owner’s place of residence and the location of the property.

Implementation of the Ownership Right: The owner shall possess, use and dispose of his/her property at his/her own discretion.

The owner shall be entitled to perform any actions to his/her property if these actions do not contradict the legislation.

In enjoying the rights and performing the obligations the owner shall be obliged to meet the moral principles of the society.

All owners shall be given equal conditions for implementing their rights.

Ownership shall make the owner be obliged.
The owner may not enjoy the ownership right in violation of the rights, freedoms and dignity of the citizens, interests of the society, deterioration of ecological situation and natural qualities of the land.

The state shall not intervene with the owner’s implementation of his/her ownership rights.

Actions of the owner towards his/her ownership may be restricted or terminated or the owner may be obliged to let other persons use his/her property only in cases and per the procedure provided in the law.

Use of the Property by Its Owner for Businesses:
The owner shall have the right to use his/her property for businesses except for the cases provided by the law.
The law may establish conditions for the property use by its owner for entrepreneurial activities.

Inviolability of the Ownership Right:
The ownership right is inviolable. No one can be illegally deprived of this right or restricted in its implementation.
The person can be deprived of the ownership right or restricted in its implementation only in cases and per the procedure established by the law.
Forced alienation of the objects of ownership right may be applied only as an exception for the reasons of public necessity on the ground and per the procedure established by the law and on the condition of preliminary and full compensation for its value.

Burden of the Property Maintenance:
The owner shall be obliged to maintain the property he/she owns unless otherwise is provided by the contract or the law.

Risk of Accidental Destruction or Accidental Damage of the Property:
A risk of accidental destruction or accidental damage of the property shall be born by its owner unless otherwise is provided in the contract or the law.

Principles for Property Right Protection:
The state shall provide equal protection of rights for all subjects of the property right.
An owner that has grounds to foresee a possibility of violation of his/her property right by another person may apply to court with the request to prohibit performing the actions that may violate his/her right or to undertake specific actions to prevent this violation.
An owner whose rights are violated shall have the right for compensation of his material and moral losses.

Right of the Owner to Claim the Property from the Other’s Illegal Possession:
An owner shall have the right to claim his/her property from the person that possessed it illegally without any lawful ground.

Right of the Owner to Claim the Property from Bona Fide Beneficiary:
If the property is purchased on the basis of the paid contract from a person who had no right to alienate it, and the buyer (a bona fide beneficiary) did not and could not know about it, the owner shall have the right to claim this property from the beneficiary only in case if the property:
1) was lost by the owner or by the person to whom the owner transferred the property into possession;
2) was stolen from the owner or the person to whom the owner transferred the property into possession;
3) retired from the possession of the owner or the person to whom the owner transferred the property into possession beyond his will by other way.

Property cannot be claimed from a bona fide beneficiary if it was sold per the procedure established for fulfillment of the court decisions.

If the property was obtained free from a person that did not have the right to alienate it, the owner shall have the right to claim it from a bona fide beneficiary in all cases.

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