1. Definition of property rights:
Property right is an important concept in civil law, which refers to the right to control, use and dispose of things. In jurisprudence, property rights are relative to creditor's rights, emphasizing the rights arising from specific objects. Property rights have the characteristics of absoluteness, directness and exclusivity, and are a relatively independent system of rights.
The subject of a property right is generally an individual or legal person, while the object is a specific object. The subject of property rights has absolute control over a specific object through the property right relationship, including the right to use, benefit and dispose of. It covers many aspects of people's daily life, such as: the ownership and use of specific objects such as real estate, vehicles, and property. This relationship of rights is regulated and protected by law, ensuring that the rights and interests of individuals or legal persons in terms of property are legally safeguarded.
2. Classification of property rights:
1.Absolute property rights and relative property rights:
Absolute property rights refer to the right of the subject of property rights to control, use and dispose of specific objects, and does not depend on the existence of others. Relative property rights refer to the rights enjoyed by the subject of property rights in a specific object, but this right is relative to others. Absolute property rights mainly include ownership rights and security interests, while relative property rights mainly include usufruct rights and security interests.
2.Sovereignty and subordination:
Sovereignty refers to the direct domination of an object, while subordination refers to the right of others to dominate, use, and dispose of an object with the permission of the sovereign. For example, the ownership of a house is sovereign, while the right to use a leased house is a subordinate.
3.Security Interest:
A security interest refers to a form of using a real right for debt security, including mortgage rights, pledge rights, etc. In home loans, a mortgage is a common security interest.
3. Cases of property rights in life:
1.Home Ownership:
Buyers take ownership of their home by paying for the purchase of a home. Under the ownership relationship, the individual has the absolute right to control, use and dispose of the house. This is one of the most common cases of property rights in life.
2.Right to use the vehicle:
A person buys a car but leases it to someone else, in which case the owner retains ownership of the vehicle but grants the right to use it to the lessor. This is a case of property rights of sovereignty and subordination.
3.Mortgage House:
In a home loan, the home buyer uses the home as collateral to secure the repayment of the loan. The bank obtains a security interest, i.e., a mortgage on the house, as the lender. But in the event of a loan default, the bank has the right to recover the amount owed by disposing of the house.
It is hoped that through the above sharing, you can better understand the different types of property rights and the application of property rights in various fields, so as to protect the legitimate rights and interests of individuals and legal persons in terms of property.