Grounds for the emergence of ownership. Acquisition of ownership.

Property belongs to the category of historically developing relations in a society of various kinds. They characterize the distribution of things as elements of the material good in society between different categories of individuals and organizations. In addition, some theorists of legal science believe that property can be called the totality of all property that belongs to the individual. As for the property right, by definition of the law, it has three powers. This is use, possession and disposal. It is fair to note that property and ownership are notions of a non-identical property. Property is considered as a thing or property, in addition, property rights, which are fixed for a certain subject of legal relations. And the right of ownership arises on certain grounds, which are fixed by law.

The grounds for the emergence of the right of ownership are determined by legal facts that generate legal facts. This is called titles of the concept under consideration. Grounds for the emergence of property rights in the legal literature, various researchers divide into the original and derived ways of the emergence of ownership. The criterion for differentiation for these types is the succession and will of the subject of legal relations.

Thus, the acquisition of the ownership of the property can be determined by the fact that the owner obtains the right to the thing as a result of the objectivization of the will of the acquirer, which is sanctioned by legal norms. At the same time, it is worth noting that in order to acquire the jurisdiction in question it is necessary to have a thing that must be owned by this individual, an expression of his free will in acquiring this property in the possession of other grounds specified in the law.

Note that the separation of types of obtaining the right under consideration in the laws of our country can not be seen. But these types are highlighted by legislators and researchers of legal science, based on interpretations of normative legal norms through a doctrinal way. The initial types include the moment of the emergence of ownership of a new manufactured goods, a thing, the processing of a thing, the construction of an unauthorized type, etc. All these grounds are directly indicated in the Civil Code of the Russian Federation. As for the derivatives, here is a slightly different situation. Grounds for the emergence of ownership of a thing occur through the will of the previous owner of the property, most often through the norms of contractual relations. Thus, it is possible to list some of the grounds for the appearance of the type of property right under consideration : obtaining this right under the contract, as a result of the transaction, inheritance, etc.

The practical significance of the criterion of demarcation is due to the fact that in the methods of the derived type of the owner's ownership rights to the property at the will of the possessor of the thing, one must understand that nobody has canceled the rights of third parties and to take them into account. They are not subject to liquidation upon change of ownership. Proceeding from this, in this respect there is a rule that is not enshrined in the law, but is provided for by legal practice. It states that no one is able to give another individual an increased number of rights to a thing than he himself has. It is quite obvious that such limitations on the logic of things do not apply to the initial acquirer of property. Thus, the aforementioned succession criterion plays an important role, which is reduced to either its presence or its absence when acquiring ownership. In addition, it should be pointed out that certain methods of exercising the right to a thing can be targeted at any subjects of law. However, there are methods of a special property that are used by a strictly defined circle of subjects. Here is a summary of such a process as the grounds for the emergence of ownership.