How To Determine Ownership

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How To Determine Ownership
How To Determine Ownership

Video: How To Determine Ownership

Video: IP Ownership (Part 1): How to Determine IP Ownership 2022, December

Section II of Part I of the Civil Code of the Russian Federation is devoted to property rights and other property rights. The legislation establishes the content of the property right and the cases in which it is applicable, as well as the grounds on which this right arises and terminates.

How to determine ownership
How to determine ownership


Step 1

Ownership is determined by the fact that the owner is free to own, use and dispose of his property. Owners can be citizens, legal entities, the Russian Federation, its subjects, as well as municipalities, and their rights are equally protected by law. The value and quantity of the property, with the exception of certain cases, is not limited in any way.

Step 2

The right of ownership means that the subject has a certain thing that he actually possesses, while the access of other persons to this thing may be limited. However, ownership is not a determining factor for the assertion of ownership. The possession of property can be temporary, for example, when a thing is transferred for storage or as a pledge.

Step 3

The right to use also does not mean that the person in whose use the property is located automatically becomes its owner. A fairly common example explaining this provision is a lease. The lessee, in agreement with the lessor, temporarily owns and uses the property of the owner, but does not have the right to dispose of it (sell, donate, and so on).

Step 4

The ability to dispose of property largely determines the right of ownership, however, there are some nuances here. Disabled citizens can be the owners of property, but cannot dispose of it at their own discretion, since their legal representatives act on their behalf.

Step 5

If you need to determine the subject's ownership of the property, study and analyze all the details. To a certain extent, documents for this property (sales receipt, invoice) will help to confirm the right to own, dispose and use the acquired movable property. If we are talking about real estate or a land plot, a certificate of the established form will become a confirmation of ownership.

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