Features
Features:

Product Tour >

Edraw AI >

Paid Plans:

Individuals >

Business >

Eduaction >
Resources
Blog

History

How-tos & Tips

Discovery

Biography

Business Analysis

Examples

AI concept Map

Free AI Mind Map Generator

Onenote Mind Map

Bcg Matrix Examples

Nike Marketing Strategy

Unilever SWOT Analysis

Make Mind Maps in Google Docs

Guide

FAQs

What's New

Resource Center
Templates
All Templates

Brain Storming Templates

Strategy and Planning Templates

Project Management Templates

Product Management Templates

Human Resources Templates

Agile Workflow Templates

Marketing Templates

Education Templates

Fun and Games Templates

User Gallery
Download
Pricing
Enterprise

MindMap Gallery Property rights overview

Property rights overview

Mind map of an overview of property rights. Property rights are rights holders’ direct control and exclusive rights to specific things in accordance with the law. Property rights are a kind of property right with direct property content.

Edited at 2023-07-27 11:17:16

PlotWizard

Recent works View more works>>

Property rights overview

PlotWizard

Recent works View more works>>

Recommended to you
Outline

Property rights overview

Basic concepts of property rights

meaning

Property rights are the right holders’ direct control and exclusive rights over specific things in accordance with the law.

System positioning

Real right is a kind of property right with direct property content

elements

main body

Right holders include natural persons, legal persons and unincorporated organizations. The state and collectives can become the subject of ownership.

object

The object of property rights is a specific thing, which includes movable property and immovable property. If the law stipulates that rights should be the object of property rights, the rights shall be subject to the provisions of the law.

A specific property may be movable or real property; it may be a self-owned property legally owned by the obligee, or it may be another person's property controlled by the obligee in accordance with the law or contract.

As the object of property rights, the content and scope of things must be determined. Otherwise, social life will fall into chaos due to unclear ownership and excessive use of things.

For rights to become objects of property rights, they must be premised on express legal provisions.

content

direct control effect

The so-called "direct" means that the owner of the property right can control the subject matter without the intervention of other people's will or behavior.

The so-called "control" refers to the control and treatment of things according to the intention of the right owner.

exclusive effect

Property rights have the effect of excluding interference from others. When the owner of the property rights encounters illegal obstruction in exercising his rights, he can directly request to eliminate the obstruction by relying on the property rights.

Specific classification

Scope of domination

Complete property rights are property rights that have permanent and comprehensive control over the subject matter. Ownership is the most complete and sufficient property right, and it is also the only complete property right. In order to give full play to the effectiveness of the thing, various other types of property rights can be separated and derived from ownership. Property rights

Defined property rights, also known as restricted property rights, are property rights that can only control the subject matter within a specific scope. Except for special circumstances, limited property rights are established on the property of others. All rights are also called other property rights.

usufruct rights

It is a limited property right that is based on the use and income of things. It is another property right that controls the things owned by others within a certain range.

security interest

It is a limited property right that is set to ensure the realization of creditor's rights and controls the exchange value of specific property.

Object type

property rights in animals

property rights existing in movable property

real property rights

Property rights existing in real estate

rights property rights

Property rights existing above rights

cause

voluntary property rights

Property rights arising from the intention and behavior of the parties

legal property rights

Property rights arising directly from legal provisions

belong

main property right

Property rights that do not need to be subordinate to other rights and can exist independently

From property rights

property rights that exist subordinate to other rights

feature

nature of rights

Property rights

Dominance

debt

Right to claim

Scope of effect

Property rights

absolute right

debt

relative rights

rights object

Property rights

Specific things (rights provided by law)

debt

specific behavior

Effect of rights

Property rights

exclusivity, priority, catch-up

debt

compatibility, equality, relativity

rights occur

Property rights

legalism

debt

arbitraryism

Rights protection

Property rights

Restoring the state of dominance, focusing on physical claims

debt

Continued performance, damages, etc.

Basic principles of property rights

equal protection principle

meaning

The principle of equal protection is the embodiment of the principle of equality in civil law in the field of property rights.

equal legal status

All civil subjects have equal status in legal norms related to property rights

Rules apply equally

Unless there are special provisions in the law, all civil subjects shall equally apply the rules established in the "Civil Code·Property Rights" when participating in legal relations related to property rights.

equality of protection

All civil subjects are equally protected by legal norms related to property rights. Article 207 of the Civil Code clearly stipulates the principle of equal protection.

Principle of specific object of property rights

meaning

Also known as the principle of one property, one right

concrete embodiment

The object of property rights is limited to a thing that is economically and functionally complete and independent. The components of a thing cannot become the objects of property rights.

Only one ownership can be established on a thing

exception

This principle is not inconsistent with

Multiple people share a property right to the same thing

Property rights with non-conflicting contents coexist in one thing

Legal principle of property rights

Laws and regulations

The type and content of property rights are stipulated by law

Function

Maintain the country’s basic economic system

Confirm property rights, settle disputes and settle disputes

Protect transaction security

Make the best use of everything

meaning

The type and content of property rights and the method of changing property rights are stipulated by law and are not allowed to be set by other normative documents or by agreement of the parties.

details

type coercion

Types of property rights may not be created, that is, parties may not create new types of property rights that are not recognized by the law.

content enforcement

The content of property rights shall not be created, that is, the parties shall not agree on the content of property rights that is contrary to the legal content of property rights, also known as type fixation.

Legal Consequences

Property rights that are not provided for by law cannot be freely established by the parties. Even if the parties have an agreement, the legal effect of the establishment of property rights will not occur.

If part of the agreement between the parties violates the content mandatory provisions, the property rights that do not affect the validity of other parts can still be established, and only the content that violates the provisions is invalid.

The invalidity of acts that violate this principle will not affect the validity of other legal acts between the parties.

limit

In order to provide legal guarantee for optimizing the business environment, the Civil Code draws on the functionalist legislative model for security rights, expands the scope of security contracts, and clarifies the security functions of atypical security contracts such as financial leasing, factoring, and ownership retention, so as to ease the established principles

Easements are somewhat arbitrary and the parties can agree on their contents

Principles of publicity and credibility

public announcement

meaning

To make the public aware of the fact of changes in property rights in a certain way, including publicity of the existence of property rights and publicity of changes in property rights.

concrete embodiment

Real estate property rights are publicized through registration, and movable property rights are publicized through delivery.

exception

The establishment of land contract management rights and easements does not require registration as a requirement for their effectiveness.

Property rights acquired based on valid documents, inheritance and factual acts do not require delivery or registration.

State ownership of natural resources does not require registration

public trust

meaning

Also known as public credibility, it refers to the legal effect of trustworthiness if the change of property rights complies with the statutory public disclosure method. According to the principle of public trust, the change of property rights will have legal effect once it is publicized, even if the property rights status expressed in the publicity is different from the real property rights. The status of the property rights is not consistent, and it does not affect the effectiveness of the change in property rights.

concrete embodiment

The acquisition system in good faith is an important manifestation of the principle of public trust.

exception

Lost property shall not be acquired in good faith and shall not be protected by the principle of public trust.

In a disposition without right, if the transferee receives the movable or immovable property without compensation, the good faith acquisition shall not apply.

Protection of property rights

General rules

If an infringement of property rights causes damage, you may request compensation for damages or other civil liabilities.

Right to request property rights confirmation

If a dispute arises over the ownership or content of property rights, interested parties may request confirmation of rights.

Requests for confirmation of property rights include requests for confirmation of ownership and requests for confirmation of other property rights. Confirmation of property rights is an independent method of protecting property rights. It usually cannot be resolved between the parties and can only be confirmed by the state agency with the power to confirm property rights. In some cases, confirmation of property rights is a prerequisite for providing other legal protection to property rights.

Property rights claim

Except for the right to claim for the return of the original property of an unregistered animal, the statute of limitations is not applicable to the claim for property rights.

return original

If there is no right to possess real estate or movable property, the right holder may request the return of the original property

The claimant is the property owner, except: the mortgagee shall not exercise the right to request the return of the original property

The opposite party (requested party) is the current possessor without right, including the possessor in good faith or in bad faith.

remove obstruction

If a property right is obstructed, the right holder may request that the obstruction be eliminated or the danger eliminated.

Property rights are interfered with, that is, the possibility of hindering the exercise of property rights by means other than infringement.

Opposite person: behavioral nuisance person + status nuisance person

eliminate danger

If it may interfere with property rights, the right holder has the right to request that the danger be eliminated, mainly for possible future interference.

Restore

There is actual property damage

Damage to property caused by someone else’s illegal behavior

It is possible to repair damaged property

competing responsibilities

In addition to bearing civil liability, those who violate administrative regulations or constitute a crime will bear administrative or criminal liability in accordance with the law.