| Abstract [eng] |
The laws and the doctrine distinguish the following three basic elements of the ownership right as the most extensive of all other real rights: 1. the right of possessing (ius posidendi) – the legal right to actually have the property at one’s disposal, exercise actual physical or economical control over it; 2. the right of use (ius utendi et fruendi) – the right to use the useful features of the property in order to satisfy the owner’s needs and obtain any possible benefit from the property, including the right to obtain fruits, income (revenue) and production the property generates; 3. the right of disposing (ius disponendi) – the right to determine the legal fate and status of the property, e.g. alienate the property fully or partially, lease, transfer into another person’s possession, refuse from the property or even destroy it. The means of implementation of the ownership rights may depend on the various kinds of property and can be resulted in providing special conditions of possession, use or disposal of property, established by Civil Code or special laws. In spite of the facts, that the scope of the ownership rights is very wide, it should not be regarded as a fully absolute and unrestricted right. The Civil Code stipulates that while using, possessing and disposing of this property the owner should not violate the laws, rights and interests of other persons. This means that when using his property, the owner has to take due to account of various possibilities in order to avoid causing damage or infringement of other persons’ rights or provisions of the laws. The Civil Code stipulates that the restrictions of the ownership rights can be affixed only by a virtue of: 1. the will of the owner; 2. the law; 3. the court decision. The restrictions of ownership rights can be established in favor of either private interests (such as easement, mortgage, usufruct, superficies, emphyteusis, tenancy) or public interests. Such due to public interest restrictions may be determined by special laws and may vary of the nature of the property and its importance to the wealth, security and health of individuals and the whole society, societal interest, or set as a measure of punishment for one’s actions contradictory to law. |
