Facultatea de Drept / Faculty of Law
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Item INTERNATIONAL PROPERTY LAW(Print-Caro, 2023-03-15) Tatar, OlgaProperty law is a set of legal rules governing such property relations in which authorized persons can exercise their rights to property (things) without the need for positive actions of other persons. The acquisition and termination of ownership and other real rights to property are determined by the law of the state in whose territory the property was located or was located at the time of the action. The signs of property rights are: a) Property rights are provided for by civil law. b) The right in rem is an absolute right, namely, in the event of a collision between its owner and an unlimited number of subjects on whom the obligation is assigned, the rights of the bearer of the right in rem are not violated. c) The right of ownership accompanies a thing as a result of its transfer to other persons, the so-called right of inheritance. If the owner of a thing withdraws from possession of the thing against his will, he still remains the owner and is not even deprived of the right to reclaim the thing from someone else’s illegal possession. d) Property rights are preferential rights; in case of contradictions between property and liability rights, priority will be on the side of property rights. e) The object of property rights are individually defined things. The central institution of property law is the right of ownership. The legal content of property relations is manifested through a set of subjective exclusive rights of the owner, through the triad of the following components: possession, use and disposal. The owner of a thing has the right to dispose of the thing at his own discretion and not to allow any influence on the thing by other persons.