Concept and content of private property right presentation. Ownership. Presentation presentation for the lesson on the topic. Literally holding her in his arms, physically
Lesson # 18. Ownership
Slide 2
Lesson plan.
2. Forms of ownership in the Russian Federation.
4. Shared property.
5. Proprietary rights of persons who are not the owner.
6. Protection of property rights.
Slide 3
1. The concept of property rights.
right objective meaning
subjective meaning
Possibility certain behavior authorized person and at the same time its possibility
demand proper behavior from obligated persons
The aggregate legal regulations, public relations on the ownership, use and disposal of property.
absolute right
The carrier is in a relationship with an indefinitely wide range of obligated persons
Slide 4
ownership
REAL RIGHT - because the owner can exercise his rights to the property by direct action... content of ownership
The owner's powers to own, use and dispose of property
1.Leadership of Ownership
Physical and economic dominance over a thing,
This is the original right
Divided into legal (title) and illegal
Slide 5
2. Eligibility
The right to extract beneficial features things, receiving products from her, income
3.The power of order
The right to determine the legal fate of a thing (sale, exchange, donation, transfer
to another person in possession, use)
The right belongs to the owner, but: for rent, general power of attorney
ownership-
totality of three powers
Ownership can always be restored, even if individual powers are transferred to others
Slide 6
2. Forms of ownership in the Russian Federation.
The Russian Federation recognizes private, state, municipal and other types of property
Art. 212, clause 1 of the Civil Code of the Russian Federation
Private property legal entities citizens
In the property may be any property, except for the one stipulated in the law, movable property and mandatory rights,
The quantity and value of the property are not subject to limitation.
Owns their property, incl. contributions from founders. (excluding unitary enterprises,
Includes: real estate and movable property,
The quantity and cost are not limited.
Slide 7
State property
Real estate, movable property, consumer goods, securities, deposits, foreign currency and currency values, historical and cultural monuments
Property owned by right of ownership Russian Federation and subjects of the Russian Federation
Objects state property
The exclusive jurisdiction of state property includes:
Continental loop resources, historical and cultural sites federal significance, state treasury, property of the aircraft, etc.
Slide 8
State property
property of the state unitary enterprise
operational management, or economic management of unallocated property
state budget, funds, confiscated goods, duties, fees, etc.
State property is registered for each object in the property register
Municipal property
Property owned by the city, rural settlements and other municipalities.
Slide 9
Municipal property
Controlled representative body local government
Local budget, extrabudgetary funds,
Property of local government bodies,
Municipal lands, etc. Natural resources,
Municipal enterprises and organizations,
Municipal housing stock and non-residential premises and etc.
Includes:
Property of municipal enterprises
Loose municipal property
Slide 10
3. Acquisition and Termination of Property.
grounds for acquiring ownership
Legal Facts, with which the law connects the emergence of ownership of property.
derivatives
initial
Grounds that do not depend on the rights of the previous owner (production for
yourself, growing, generating income, processing, etc.)
Grounds depending on the rights of the previous owner (purchase and sale, donation, exchange, etc.). The rights of some arise, others cease.
In cases stipulated by law, the ownership is secured by registration.
Slide 11
foundations
termination of ownership
Legal facts with which the law connects the loss of ownership of property.
1. By the will of the owner
Transactions on the alienation of property or expenditure Money(purchase and sale, exchange, gift, etc.),
Refusal of the owner from the right of ownership (public-personal announcement of refusal, disposal of property, etc.),
Destruction of unnecessary things by the owner.
Slide 12
grounds for termination of ownership
Legal facts with which the law connects the loss of ownership of
property.
2. Without the will of the owner
Foreclosure on property for the owner's debts,
Alienation of property that does not belong to the law,
Alienation of real estate in connection with the seizure of a land plot.
Loss of property during natural disaster,
Withdrawal of property by force extraordinary circumstances,
Confiscation as a sanction for committing an offense,
Nationalization, on the basis of the law, with compensation for the value,
Other cases that do not contradict the law.
Slide 13
4. Shared property.
Common property
Ownership of the same property by several persons on the basis of ownership.
1. Shared ownership
Belongs in shares to several persons together,
This is a share in the scope of the powers of each owner in relation to the common object,
Possession, use, disposal of property is carried out with the consent of all owners. In case of disagreement, the dispute shall be resolved by the court,
Products and income are distributed depending on the size of the share of owners,
When selling a share, other owners have advantages over other buyers.
Property section m. produced by agreement between the owners.
Slide 14
2. Common joint ownership
The same property is jointly owned by several persons,
Participants possess equal rights, they do not have shares (can arise only during partition),
Possession, use, disposal - only on the basis of common consent.
the emergence of common joint ownership:
Property jointly acquired by spouses (except as specified in the marriage contract),
Creation of a peasant farm (unless otherwise provided by an agreement),
Dr. cases not contrary to the law.
Slide 15
5. Proprietary rights of persons who are not owners.
In addition to property rights, the Civil Code of the Russian Federation refers to property rights:
Lifetime inheritance right land plot,
The right to permanent (unlimited) use of a land plot.
Servitudes,
Business law and law operational management property.
1.the right to life-long inheritable land ownership
The state transfers a land plot to a citizen on the basis of land legislation.
The citizen has the powers of ownership and use, and the power to dispose is limited.
Slide 16
2. The right to permanent (unlimited) use of a land plot
The site can be transferred to an individual or legal entity.
Possession and use is carried out within the framework of the law only for the purposes for which it was granted.
The transfer of the site by inheritance is not allowed.
3.Service
The right of limited use of someone else's land plot (ex: laying of communications to residential building.)
Provided on the basis of mutual agreement, or by court order.
It is possible to establish a commensurate payment for an easement.
Slide 17
5.Right of operational management
Belongs to state-owned enterprises and institutions in relation to the property assigned to them.
The owner's powers are valid within the framework established by law.
The owner has the right to seize property that is not used for its intended purpose.
The state-owned enterprise has the right to independently sell the manufactured products
4. The right to economic management
Provided to a state or municipal enterprise.
The owner decides on the management of the enterprise and controls the property.
It is impossible to make transactions with property without his consent.
Slide 18
6. Protection of property rights.
A set of methods and means that are used in connection with the offenses committed against these relations.
Civil protection of property relations
Property-legal
Mandatory legal
Vindication claim- The owner's demand for the compulsory withdrawal of property from someone else's illegal possession
Negative claim- Demand to eliminate violations of owner's rights not related to deprivation of ownership (has no statute of limitations)
The owner is with the violator in both property and contractual obligations.
The protection of contractual obligations is also the protection of property.
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1. The concept of property rights. The possibility of a certain behavior of an authorized person and at the same time his ability to demand proper behavior from obligated persons A set of legal norms governing public relations on the ownership, use and disposal of property. The carrier is in a relationship with an indefinitely wide range of obligated persons
1. The concept of property rights. REAL RIGHT - because the owner can exercise his rights to the property through direct actions. The owner's powers to own, use and dispose of property - physical and economic domination over a thing, - this is the original right, - is divided into legal (title) and illegal
1. The concept of property rights. -the right to extract the useful properties of a thing, to receive from it products, income -the right to determine the legal fate of a thing (sale, exchange, donation, transfer to another person in possession, use) -the right belongs to the owner, but: sub-lease, general power of attorney Ownership always can be restored even if certain powers are transferred to other persons
2. Forms of ownership in the Russian Federation. In the Russian Federation, private, state, municipal and other types of property of legal entities of citizens are recognized; reap the restriction. -ownership of their property, incl. contributions from founders. (excluding unitary enterprises, -includes: real estate and movable property, -the quantity and value are not limited.
2. Forms of ownership in the Russian Federation. Real estate, movable property, consumer goods, securities, deposits, foreign currency and currency values, historical and cultural monuments Property owned by the Russian Federation and the constituent entities of the Russian Federation The exclusive jurisdiction of state property includes: -resources continental loop, historical and cultural objects of federal significance, state treasury, property of the Armed Forces, etc.
2. Forms of ownership in the Russian Federation. operational management, or economic management of the state budget, funds, confiscated goods, duties, fees, etc. State property is registered for each object in the property register. Property owned by urban, rural settlements and other municipal entities.
2. Forms of ownership in the Russian Federation. Managed by a representative body of local government -local budget, off-budget funds, -the property of local government bodies, - municipal lands and other natural resources, - municipal enterprises and organizations, - municipal housing stock and non-residential premises, etc.
3. Acquisition and Termination of Property. Legal facts with which the law connects the emergence of the right of ownership to property. Grounds that do not depend on the rights of the previous owner (manufacturing for oneself, growing, earning income, processing, etc.) Grounds that depend on the rights of the previous owner (purchase and sale, donation, exchange, etc.). The rights of some arise, others cease. In cases stipulated by law, the ownership right is secured by registration.
3. Acquisition and Termination of Property. Legal facts with which the law connects the loss of ownership of property. - transactions for the alienation of property, or the expenditure of funds (purchase and sale, exchange, donation, etc.), - refusal of the owner from the right of ownership (public announcement of refusal, disposal of property, etc.) ), - the destruction of unnecessary things by the owner.
3. Acquisition and Termination of Property. Legal facts with which the law connects the loss of ownership of property. - collection of property for the owner's debts, - alienation of property that does not belong to the law, - alienation of real estate in connection with the seizure of a land plot. - loss of property in a natural disaster, - seizure of property due to extraordinary circumstances, - confiscation, as a sanction for committing an offense, - nationalization, on the basis of the law, with compensation for value, - other cases that do not contradict the law.
4. Shared property. Ownership of the same property by several persons on the basis of the right of ownership. - owned by shares to several persons together, - this is a share in the scope of the powers of each owner in relation to the common object, - ownership, use, disposal of property is carried out with the consent of all owners. In case of disagreement, the dispute is resolved by the court, -products and income are distributed depending on the size of the owner's share, -when the share is sold, the rest of the owners have advantages over other buyers. -property section m. produced by agreement between the owners.
4. Shared property. - the same property belongs jointly to several persons, - the participants have equal rights, they do not have shares (can arise only upon division), - ownership, use, disposal - only on the basis of common consent. - property jointly acquired by spouses (except as agreed in the marriage contract), - creation of a peasant farm (unless otherwise specified by the contract), cases not contrary to the law.
5. Proprietary rights of persons who are not owners. In addition to property rights, the Civil Code of the Russian Federation refers to property rights: -The right to life-long inherited ownership of a land plot, -The right to permanent (unlimited) use of a land plot. -Services, -The right of economic management and the right of operational management of property. -The state transfers a land plot to a citizen on the basis of land legislation. -the citizen has the powers of ownership and use, and the power to order is limited.
5. Proprietary rights of persons who are not owners. -Can be transferred by the site to an individual or legal entity. - Possession and use is carried out within the framework of the law only for the purposes for which it was granted. -The transfer of the site by inheritance is not allowed. -Right of limited use of someone else's land plot (ex: laying communications to a residential building.) -Provided on the basis of mutual agreement, or by a court decision. - For servitude, it is possible to establish a commensurate payment.
5. Proprietary rights of persons who are not owners. -Belongs to state-owned enterprises and institutions in relation to the property assigned to them. -The powers of the owner are valid within the framework established by law. -The owner has the right to seize property used for other purposes. -The tax company has the right to independently sell the manufactured products -Provided to the state or municipal enterprise. -The owner decides on the management of the enterprise and controls the property. - It is impossible to make transactions with property without his consent.
6. Protection of property rights. A set of methods and means that are used in connection with the offenses committed against these relations. Vindication claim - The owner's claim for the compulsory withdrawal of property from someone else's illegal possession Negative claim - The claim for the elimination of violations of the owner's rights not related to deprivation of ownership (has no statute of limitations) The owner is with the violator in both property and contractual binding relationship. The protection of contractual obligations is also the protection of property.
- 1. Expand the meaning of the concept of "property right";
- 2. talk about how the child becomes the owner and how he can dispose of the property belonging to him;
- 3.to learn to analyze legal situations on the basis of individual provisions civil law
- 4. evaluate the importance for a person to be the owner;
- 5. to cultivate respect for their property and the property of others
- Is the island with all the living and inanimate nature the property of Robinson?
Lesson plan.
1. RIGHT OF OWNERSHIP
2..
3.Rights minors for the disposal of property.
4. The rights of minors to dispose of a bank deposit.
- Ownership - the right of a person to a thing (property), which he exercised in accordance with the law at his own will, regardless of the will of other persons.
Property triad
OWN
RIGHT OF OWNERSHIP
USE ME
RIGHT TO ORDER
THIS IS A MAN'S ATTITUDE TO
THINGS AS TO YOURSELF.
The owner's powers to own, use and distribute
disposal of property
- ACTUAL OWNERSHIP OF THING RELATED
ACTUALLY OWNS THING WHO
LITERALLY HOLDING IT IN HANDS, PHYSICALLY
FEELS HER, AND THE ONE WHO HAS TO THINGS
ACCESS DUE TO LOCATION OF THING IN
OWN BUSINESS
1. The concept of property rights.
- the right to extract useful properties
things.
(receiving products, income from her)
-the right to determine the legal fate
things (sale, exchange, donation, broadcast
to another person in possession, use)
-the right belongs to the owner.
2.Acquisition of ownership
In Russia there are private, state,
communal property
legal entities
citizens
-ownership of their property-
society, incl. Institutional contributions
parents. (excluding uni-
container enterprises,
-includes: real estate and
movable property,
- the quantity and cost are not
are limited.
-ownership can be any
property, except for
rooted in the law,
my property and obligations
linen rights,
- quantity and cost
property is not subject
reap the restriction.
2.Forms of ownership
Real estate, movable property, consumer goods, securities, deposits, foreign currency and currency values, historical and cultural monuments
Under the exclusive jurisdiction of state property
are:
- resources of the continental loop, historical and cultural
objects of federal significance, state treasury, property of the aircraft, etc.
2.Forms of ownership
It is managed by a representative body of local self-government.
Most schools and hospitals are owned
trams and trolleybuses, a significant part of housing.
Acquisition of ownership
The right of ownership to the property that the owner has can be acquired by another person on the basis of a sale and purchase agreement, exchange, donation or other transaction on the alienation of this property.
In the event of the death of a citizen, the right of ownership of the property belonging to him passes by inheritance to other persons in accordance with a will or law.
Acquisition of ownership
Taking ownership of things publicly available for collection
In cases where, in accordance with the law, the general permission given by the owner, or in accordance with local custom in a certain territory, it is allowed to pick berries, catch (catch) fish and other aquatic biological resources, collect or harvest other public things and animals, the right of ownership the corresponding things are acquired by the person who collected or extracted them.
Ownership
1. The finder lost thing is obliged to immediately notify the person who lost it, or the owner of the thing, or any other person known to him who has the right to receive it, and return the found thing to this person.
Acquisition of ownership
Acquisition of title to find
1. If, within six months from the date of the statement of the find to the police or to the local self-government body, the person entitled to receive the found thing is not identified or does not himself declare his right to the thing to the person who found it or to the police or local self-government body, the finder of the thing acquires the right of ownership to it.
Acquisition of ownership
1. Treasure, that is, money or valuable items buried in the ground or otherwise hidden, the owner of which cannot be established or, by virtue of the law, has lost the right to them, becomes the property of the person who owns the property (land plot, building, etc. .), where the treasure was hidden, and the person who discovered the treasure, in equal shares, unless otherwise established by agreement between them.
2. Acquisition of ownership
The right of ownership to a new thing made or created by a person for himself in compliance with the law and other legal acts is acquired by this person.
- Persons who have reached the age of 18 can fully dispose of the property
- If a person is under 14 years old, then his property is HIS PARENTS IN HIS INTERESTS
- Persons between the ages of 14 and 18 have the right to dispose of their SCHOLARSHIP, SALARY, FEE.
- If a person who has turned 14 years old has personally deposited a certain amount into a bank account, then he has the right to dispose of this deposit at his own discretion.
- If the money is deposited into the account of a minor by someone else, then until the age of 14, these funds are disposed of by the parents, and from 14 to 18 - he personally, but with their consent.
- Can you say that you own the portfolio you are holding in your hands?
- Can we say that you own the book that you gave to your friend to read?
- Does the term “use of property” cover the situation when you are reading a textbook while preparing homework, or when you sew on a sewing machine?
Independent work:
- Consider a life situation:
"Citizen A. is the owner of his home, and citizen B. rents his home"
Compare the rights and obligations of citizen A. and B. regarding their housing.
- IS AN ISLAND WITH ALL LIVING AND UNLIVING NATURE PROPERTY OF ROBINSON?
- Textbook p.
- Work out the articles of the Civil Code of Russia. MAKE A PLAN OF ARTICLES.
Slide 1
Fundamentals of State and Law
Grade 11 Lesson number 18.
Ownership
Slide 2
Lesson plan.
1. The concept of property rights. 2. Forms of ownership in the Russian Federation. 3. Acquisition and Termination of Property. 4. Shared property. 5. Proprietary rights of persons who are not the owner. 6. Protection of property rights.
Slide 3
1. The concept of property rights.
ownership
Slide 4
Owner's powers to own, use and dispose of property
1.Leadership of Ownership
Physical and economic domination over a thing, this is the original right, is divided into legal (title) and illegal
Slide 5
2. Eligibility
The right to extract the useful properties of a thing, to receive from it products, income
3.The power of order
The right to determine the legal fate of a thing (sale, exchange, donation, transfer to another person in possession, use) - the right belongs to the owner, but: sub-lease, general power of attorney
ownership - a set of three powers
Ownership can always be restored, even if individual powers are transferred to others
Slide 6
2. Forms of ownership in the Russian Federation.
The Russian Federation recognizes private, state, municipal and other types of property
Art. 212, clause 1 of the Civil Code of the Russian Federation
Private property
Ownership can be any property, except for the one stipulated in the law, movable property and obligatory rights, the quantity and value of property are not subject to limitation.
Owns their property, incl. contributions from founders. (excluding unitary enterprises, -includes: real estate and movable property, -the quantity and value are not limited.
Slide 7
State property
Real estate, movable property, consumer goods, securities, deposits, foreign currency and currency values, historical and cultural monuments
Property owned by the Russian Federation and the constituent entities of the Russian Federation
Objects of state ownership
The exclusive jurisdiction of state property includes: - resources of the continental loop, historical and cultural objects of federal significance, the state treasury, property of the Armed Forces, etc.
Slide 8
property of the state unitary enterprise
operational management, or economic management
unallocated property
state budget, funds, confiscated goods, duties, fees, etc.
State property is registered for each object in the property register
Municipal property
Property owned by urban, rural settlements and other municipal entities.
Slide 9
Managed by a representative body of local government
Local budget, extra-budgetary funds, property of local governments, municipal land and other natural resources, municipal enterprises and organizations, municipal housing stock and non-residential premises, etc.
Includes: Shares:
Property of municipal enterprises
Unsecured municipal property
Slide 10
3. Acquisition and Termination of Property.
grounds for acquiring ownership
Legal facts with which the law connects the emergence of the right of ownership to property.
Grounds that do not depend on the rights of the previous owner (making for oneself, growing, earning income, processing, etc.)
Grounds depending on the rights of the previous owner (purchase and sale, donation, exchange, etc.). The rights of some arise, others cease.
In cases stipulated by law, the ownership right is secured by registration.
Slide 11
grounds for termination of ownership
Legal facts with which the law connects the loss of ownership of property.
1. By the will of the owner
Transactions on the alienation of property, or the expenditure of funds (purchase and sale, exchange, donation, etc.), - refusal of the owner from the right of ownership (public-personal announcement of refusal, disposal of property, etc.) , - the destruction of unnecessary things by the owner.
Slide 12
Legal facts with which the law connects the loss of ownership of property.
2. Without the will of the owner
Foreclosure on property for the owner's debts, - alienation of property that does not belong to the law, - alienation of real estate in connection with the seizure of a land plot. - loss of property in a natural disaster, - seizure of property due to extraordinary circumstances, - confiscation, as a sanction for committing an offense, - nationalization, on the basis of the law, with compensation for value, - other cases that do not contradict the law.
Slide 13
4. Shared property.
Common property
Ownership of the same property by several persons on the basis of the right of ownership.
1. Shared ownership
Belongs in shares to several persons together, - this is a share in the scope of the powers of each owner in relation to the common object, - ownership, use, disposal of property is carried out with the consent of all owners. In case of disagreement, the dispute is resolved by the court, -products and income are distributed depending on the size of the owner's share, -when the share is sold, the rest of the owners have advantages over other buyers. -property section m. produced by agreement between the owners.
Slide 14
2. Common joint ownership
The same property is jointly owned by several persons, - the participants have equal rights, they do not have shares (can arise only during division), - ownership, use, disposal - only on the basis of common consent.
the emergence of common joint ownership:
Property jointly acquired by the spouses (except as stipulated in the marriage contract), - the creation of a peasant farm (unless otherwise provided by the contract), - other. cases not contrary to the law.
Slide 15
5. Proprietary rights of persons who are not owners.
In addition to property rights, the Civil Code of the Russian Federation refers to property rights: -The right to life-long inherited ownership of a land plot, -The right to permanent (unlimited) use of a land plot. -Services, -The right of economic management and the right of operational management of property.
1.the right to life-long inheritable land ownership
The state transfers a land plot to a citizen on the basis of land legislation. -the citizen has the powers of ownership and use, and the power to order is limited.
Slide 16
2. The right to permanent (unlimited) use of a land plot
The site can be transferred to an individual or legal entity. - Possession and use is carried out within the framework of the law only for the purposes for which it was granted. -The transfer of the site by inheritance is not allowed.
3.Service
The right of limited use of someone else's land plot (ex: laying communications to a residential building.) - Provided on the basis of mutual agreement, or by a court decision. - For servitude, it is possible to establish a commensurate payment.
Slide 17
5.Right of operational management
Belongs to state-owned enterprises and institutions in relation to the property assigned to them. -The powers of the owner are valid within the framework established by law. -The owner has the right to seize property used for other purposes. -The tax company has the right to independently sell the manufactured products
4. The right to economic management
Provided to a state or municipal enterprise. -The owner decides on the management of the enterprise and controls the property. - It is impossible to make transactions with property without his consent.
Slide 18
6. Protection of property rights.
A set of methods and means that are used in connection with the offenses committed against these relations.
Civil protection of property relations
Property-legal
Mandatory legal
Vindication claim - The owner's claim for the compulsory withdrawal of property from someone else's illegal possession Negative claim - The claim for the elimination of violations of the owner's rights not related to deprivation of ownership (has no statute of limitations)
The owner is with the violator in both property and contractual obligations. The protection of contractual obligations is also the protection of property.