GENERAL DESCRIPTION OF THE GROUNDS AND METHODS FOR THE EMERGENCE OF PROPERTY RIGHTS

Аннотация

This article provides an in-depth exploration of the foundations and methods for the emergence of property rights within civil law. It examines the various legal facts and criteria that govern how property rights come into existence and how they are transferred, focusing on the original and derivative methods of acquiring property rights. The article highlights the distinct nature of legal facts that create, modify, or terminate legal relationships, and further clarifies that these facts operate as grounds for establishing property rights. Key words:Property Rights, Civil Law, Original Method, Inheritance, Found Property, Yields, Legal Inheritance, Derivative Method, Legal Possession. The grounds for the emergence and termination of property rights are based on the economic and political system of a particular society, as well as the legal system that exists within it. As a result of the influence of these factors, the types and scope of the emergence and termination of property rights may vary. The grounds and methods for the emergence of property rights have an independent meaning, and these concepts require separate study. It is well known that legal facts that create, modify, or terminate legal relationships also perform the functions of creating, modifying, and terminating legal rights. The facts that perform the functions of creating rights, as outlined by civil law, are considered the grounds for the emergence of civil law relationships. The Grounds for Acquiring Property Rights From this perspective, the grounds for acquiring property rights are various legal facts that lead to the emergence of property rights in relation to certain property, as provided by law. These legal facts, in turn, are the foundations for the establishment of property rights. An analysis of Chapter 15 of the Civil Code, which lists such legal facts, reveals the following grounds for the emergence of citizens' private property rights: • The creation and increase of property as a result of labor activities, entrepreneurship, and other economic activities carried out by citizens; 80 ACADEMIC RESEARCH IN MODERN SCIENCE International scientific-online conference • The sale, exchange, gift, rent, and lifetime maintenance agreements involving the transfer of property (such as real estate) to another person, as well as other transactions not prohibited by law; • Inheritance, privatization of state property, the duration of ownership that creates the right of ownership, and other legal grounds not conflicting with the law. The grounds for the establishment of property rights (titles) are usually acquired through two methods during the development of civil law: the original and derivative methods. According to legal scholars, in such viewpoints, the full legal significance of the original and derivative methods has not been completely considered. On the contrary, in the current civil legislation, problematic situations that arise when property rights are transferred to another person through these methods are finding their solutions. When discussing the legal nature of the original and derivative methods of acquiring property rights, it is important to note that they are delimited in a specific manner. In legal literature, two main criteria are generally used for this distinction: the will (intent) and legal inheritance criteria. The choice of which criterion to apply for differentiation is not only of theoretical significance but also has important practical implications. Inheritance in property law refers to the transfer of this right from one subject to another through the derivative method. The basis (legal fact) for such a transfer includes transactions aimed at alienating property, such as sales, exchanges, gifts, and other agreements, as well as inheritance. Only in the derivative method does legal inheritance occur when property rights are acquired. In the original method, there is no legal inheritance because the acquisition of property rights is not dependent on the rights of the former owner. In certain cases provided by law, legal inheritance may occur independently of the former owner’s will (intent). Specifically, individuals who have the right to a mandatory share of the inheritance—such as minor or incapacitated children, including adopted children, as well as the incapacitated spouse and parents, including those who have adopted the deceased—inherit regardless of the testator's will. Undoubtedly, in such cases, inheritance is also considered a derivative method of acquiring property rights. Property rights often arise at the time of creating something new. In accordance with the law and other legal acts, an individual acquires rights over something 81 ACADEMIC RESEARCH IN MODERN SCIENCE International scientific-online conference they have created or produced for themselves. If a person loses their right of ownership over their property or abandons or disposes of it voluntarily, another person may acquire ownership rig