☰ Contents · State and law

Property rights and other real rights

Lessons 14 · 1 lessons · V. A. Kostetskiy. Foundations of state and law, Grade 10, 1st edition. Yangiyo‘l Poligraf Servis, Tashkent, 2017
14

Property rights and other real rights

Textbook: pp. 63–65
GoalExplain the content of ownership (possession, use, disposal), the forms and subjects of property, and the grounds for acquiring and ending ownership.
New words
right of ownership · mulk huquqiowner · mulkdorprivate property · xususiy mulkto dispose of · tasarruf etish
Explanation

The right of ownership is a person’s right to possess, use and dispose of their own property at their own will and in their own interest, and to demand that any violation of the right be removed. Three powers must be distinguished: possession means actually holding the thing as one’s own; use means deriving benefit or income from its useful properties; disposal means deciding its legal fate (selling, giving, pledging, destroying where the law permits). Ownership is unlimited in time and inviolable and is protected by law; under the Constitution everyone has the right to own property, and deprivation of property is possible only in cases provided by law and on the basis of a court decision. Property takes private and state (public) forms: the subjects of private property are citizens and non-state legal entities, the subject of state property is the state. Ownership arises through work, entrepreneurship, transactions (purchase, gift), inheritance, privatisation of state property, the passage of time of possession and other grounds not contrary to law; it ends through the owner’s voluntary renunciation, compulsory taking of property by court decision and other cases provided by law, and destroying property that is a historical or cultural treasure is not allowed. Besides ownership there are other real rights, for example the right to use a path across a neighbour’s land (servitude) or a pledge securing a debt.

Worked examples
Bahrom lent his bicycle to a friend for a day. The friend holds and uses it but is not the owner: the right to sell or give it away (disposal) belongs only to Bahrom. If the friend sold it, that would violate the owner’s right.
If someone rents premises for an office and uses them to live in, they act against the purpose of the lease: a tenant’s right of use is limited by the contract. A tenant also cannot sell rented equipment because the right of disposal belongs to the owner.
Class activity

“Possession – use – disposal” cards: 9 phrases (selling, holding, earning income from rent, giving as a gift and so on) are sorted into three columns; then groups give an example of all three powers for one item (for example a bicycle).

Practice
1
Name the owner’s three main powers and explain each in one sentence.
2
On what grounds does ownership arise? Name at least three.
3
Classify as possession, use or disposal: a) using a rented room for living; b) selling one’s own book; c) holding the keys of one’s own house.
4
Why must deprivation of property take place only on the basis of a court decision?