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마인드 맵 갤러리 ownership
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ownership
A mind map of ownership. The right holder has the right to possess, use, benefit from and dispose of his or her real estate or movable property in accordance with the law. Ownership is the property right to fully control the subject matter. It is the owner’s fullest and most complete control over the subject matter within the legal limit. The most complete domination.
2023-07-29 22:38:44에 편집됨
- 추천 사항
- 개요
ownership
Overview
concept
The obligee has the right to possess, use, benefit from and dispose of his or her real estate or movable property in accordance with the law.
Ownership is the property right to fully control the subject matter, and it is the owner’s fullest and most complete control over the subject matter within the legal limit.
feature
Comprehensiveness
The right of an owner to have full control over property within legal limits
Wholeness
Also known as unity, the rights of possession, use, income, disposal, etc. are a whole
Elasticity
Also known as reversion, ownership is restored to its perfect state after the property rights are extinguished.
exclusivity
Also known as exclusivity, two or more ownership rights cannot coexist on the same thing at the same time.
Permanence
Also known as permanent survival, ownership does not depend on duration and can, in principle, last forever.
Classification
object of ownership
real estate ownership
Real estate requires registration as a prerequisite for its validity
chattel ownership
Movable property requires delivery as a requirement for validity
number of owners
single ownership
The owner is the property of a single person
majority ownership
Common ownership refers to ownership owned by the majority
Ownership form of means of production
state ownership
Uninhabited islands, defense assets, radio spectrum resources, urban land, mineral deposits, sea areas, water flows, etc.
collective ownership
Land and forests, mountains, grasslands, wastelands, and tidal flats that are collectively owned by law
Collectively owned buildings, production facilities, farmland water conservancy facilities
Collectively owned educational, scientific, cultural, health, sports and other facilities
Other collectively owned real estate and movable properties, and property collectively owned by farmers, are collectively owned by the members of the collective.
private ownership
Except for property owned exclusively by the state and property owned collectively, all property can become the object of private ownership.
power
The various measures and means that everyone can take within the scope of the law to use the property to realize their exclusive interests in the property, as well as the exclusion of illegal interference by others
positive
possessive power
The right to exercise physical possession or control of property
Use rights
The right to use the property according to its performance and purpose without damaging the property or changing its nature.
earning power
The right to receive the benefits (fruits) derived from property
Disposal power
The right to dispose of property in accordance with the law, including de facto disposition and legal disposition
negative
exclude interference
Preclude unlawful interference from others
limit
Overview
Like other civil rights, the exercise of ownership is not absolutely free and is subject to certain restrictions.
law
The exercise of ownership rights must not violate legal provisions
Public Interest
According to the needs of public interests, the state may expropriate and expropriate in accordance with the law
rights and interests of others
The exercise of ownership rights shall not interfere with the legitimate rights and interests of others
Green principles
When exercising ownership rights, care must be taken to protect the environment, natural resources and ecological balance
obtain
original acquisition
Production
The process of grabbing natural objects and creating social wealth through human labor
occupy first
The legal fact of acquiring ownership of inactive property by possessing it with full intention
must be ownerless
Must be movable
To possess the unowned property with all intents and purposes
Lost property found
meaning
The fact that someone else found something lost and took possession of it does not require that the person who found it has the capacity to act.
Obligations of the Founder
If a lost property is found, it must be returned to the right holder
Before the finder delivers the lost object to the relevant department, the relevant department shall properly keep the lost object before it is collected.
Anyone who causes damage or loss of lost property intentionally or due to gross negligence shall bear civil liability.
Founder's rights
The finder has no claim for statutory remuneration
The finder has the right to request the obligee to pay necessary expenses for the storage of the lost property.
If the right holder offers a reward to find a lost object, the finder has the right to request the owner to fulfill the reward obligation as promised.
If the finder misappropriates the lost property, he has no right to claim the expenses incurred in keeping the lost property, nor does he have the right to require the obligee to perform his obligations as promised.
Special provisions
Lost property that remains unclaimed within 1 year from the date of issuance of the announcement shall belong to the state.
If drifting objects are found, buried objects or hidden objects are found, the relevant provisions on found lost objects shall be referred to.
The lost property is not ownerless, so preemption to obtain ownership is not applicable.
Attach
meaning
The fact that the properties of different owners are combined to form a new property, or that the property of others is processed to create a new property
Basic specifications
The ownership of things resulting from processing, attachment, and mixing shall, if there is an agreement, be in accordance with the agreement; if there is no agreement or the agreement is unclear, the ownership shall be in accordance with the provisions of the law; if there is no provision in the law, the ownership shall be in accordance with the provisions of giving full play to the effect of the thing and protecting the party without fault. In principle, if one party causes damage to the other party due to the fault of one party or the ownership of the property, compensation or compensation shall be provided.
Attach to
meaning
Things belonging to different people are closely combined to form an indivisible thing. Although they can be identified or distinguished from the appearance, they cannot be separated without damage or the separation cost is too high.
Property ownership
real estate attachment
If the movable property is attached to the real property of another person, the owner of the real property shall obtain the ownership of the movable property, but the owner of the movable property shall be given certain compensation.
chattel attachment
If the movable property of different owners is attached, each owner of the movable property shall share the composite object according to the value of each movable property. If the attached movable property may be regarded as the main property, the owner of the main property shall obtain the ownership of the composite object, but shall compensate the other party.
mix
meaning
Chattel belonging to different owners are intermingled and difficult to identify or separate
Property ownership
In the event of mixing, each movable owner shall share the composite object according to the value of each movable property. If the mixed movable property may be regarded as the main property, the owner of the main property shall obtain the ownership of the composite object, but shall provide corresponding compensation to the other party.
processing
meaning
The fact of transforming or working on other people’s movable property and creating new objects
Property ownership
If the parties fail to reach an agreement through negotiation, the ownership of the processed object shall belong to the owner of the material. However, if the added value due to processing is obviously higher, the ownership of the processed object shall belong to the processor, unless the processor has malicious intent.
Acquired in good faith
meaning
Also known as immediate acquisition, a person without the right to dispose of the property transfers the movable or immovable property in his possession to the transferee. If the transferee in good faith accepts the transfer for a fee based on a reasonable price and completes the legal publicity method, the transferee obtains the property in accordance with the law. ownership or other property rights
Function
Acquisition in good faith has the function of strengthening the credibility of the possession and protecting the security of transactions.
Elements
No right to dispose
Disposal without the right includes both the absence of the right to dispose and the situation in which the right to dispose is insufficient.
Objects without the right to dispose of only include possession of entrusted objects
bona fide
bona fide
The transferee did not know that the transferor had no right to transfer and was not at gross negligence. If the real obligee has evidence to prove that the transferee should have known that the transferor had no right to transfer, the transferee shall be deemed to have committed gross negligence.
The time point for judging good faith is when the transfer registration of real estate property rights or the delivery of movable property is completed in accordance with the law.
Easy delivery time
When the civil legal act of transferring chattels takes effect
Indicate time of delivery
When the agreement between the transferor and the transferee regarding the transfer of the right to request the return of the original property takes effect
movable property
When the transferee transfers movable property, if the object, place or timing of the transaction does not conform to transaction customs, the transferee shall be deemed to have committed gross negligence.
real estate
If any of the following circumstances occurs, the transferee of the real estate shall be deemed to know that the transferor has no right to dispose of the property.
There is a valid objection registration on the register
Within the validity period of notice registration, without the consent of the right holder of notice registration
The registration book has recorded relevant matters concerning the judicial or administrative organs' rulings, decisions to seal up or other forms of restrictions on real estate rights in accordance with the law.
The transferee knows that the right owner recorded in the registration book is wrong
The transferee knows that others already enjoy the property rights of the real estate in accordance with the law
Paid transfer at reasonable price
A reasonable price should be comprehensively determined based on the nature, quantity, payment method and other specific circumstances of the subject matter of the transfer, with reference to the market price at the place of transaction at the time of transfer, trading habits and other factors.
Completion of statutory publicity method
The real estate has been registered and the movables have been delivered (excluding change of possession)
For the bona fide acquisition of special movable property such as motor vehicles, delivery is the legal publicity method.
Legal Consequences
Meet the requirements
Transferee acquires ownership or other property rights: original acquisition
If the rights of the original owner are extinguished, the original owner has the right to request compensation from the person who has no right to dispose of the rights.
After the movable is acquired in good faith, the original rights in the movable are extinguished, except where the transferee in good faith knew or should have known about the right at the time of transfer.
Does not meet the requirements
The owner has the right to recover the original
The transferee may claim liability for breach of contract against the person who has no right to dispose of it
Special provisions apply to lost property acquired in good faith.
in principle
In principle, lost property is not subject to good faith acquisition, and the owner has the right to recover the lost property.
exception
The lost property has been transferred to a third party, and the owner has the right to choose
Request damages from a person without right to dispose of
Request the transferee to return the original property within 2 years from the date the transferee knew or should have known the transferee
If the transferee purchases the lost property through auction or from an operator with business qualifications, and the right holder requests the return of the original property, he shall pay the fee paid by the transferee. Disposer's recovery
acquired by inheritance
Sale, exchange, gift, inheritance, etc.
wipe out
absolute elimination
The object of ownership ceases to exist due to the occurrence of certain legal facts
relative elimination
Due to the occurrence of certain legal facts, the original owner loses ownership, but the original thing still exists, but the owner has changed
transfer ownership
abandon ownership
State agencies take compulsory measures in accordance with the law
Ownership subject is eliminated
Expropriation and expropriation system
Same point
Restriction of ownership rights of civil subjects based on public interest
difference
Applicable premise
collection
for the public interest
requisition
Emergency needs such as emergency rescue, disaster relief, and epidemic prevention and control
Suitable
collection
Houses and other real estate
requisition
Real or personal property
transfer rights
collection
transfer ownership
requisition
transfer usage rights
Compensation range
collection
When collective land is expropriated, land compensation fees, resettlement subsidies, and compensation fees for rural villagers' houses, other ground attachments, and young crops must be paid in full and in a timely manner in accordance with the law, and social security fees for the land-expropriated farmers must be arranged.
When houses and other real estate of organizations or individuals are expropriated, compensation for the expropriation shall be provided in accordance with the law; when personal residences are expropriated, the living conditions of the expropriated persons shall also be guaranteed.
requisition
If the property is requisitioned or damaged or lost after requisition, compensation shall be provided