The grounds for the acquisition of ownership are various rights that give rise to legal facts, i.e., real life circumstances that, in accordance with the law, entail the emergence of ownership of certain property from specific persons (titles of ownership), for example, ownership based on a contract of sale and purchase of a thing or on passing it in order of inheritance. Under the conditions established by law, even titleless (actual) ownership may entail certain legal consequences.
Methods for acquiring ownership
Ownership titles can be acquired in various ways, which are traditionally subdivided into initial ones, i.e., independent of the rights of the previous owner to a given thing (including cases when such an owner previously did not exist at all), and derivatives, in which the right of ownership to a thing arises at the will of the previous owner (most often by agreement with him).
The initial methods of acquiring property rights include: creation (production) of a new thing, for which no one’s property right has been and could not have been established earlier; processing and collection or extraction of things generally available for these purposes; under certain conditions – unauthorized construction; acquisition of ownership of ownerless property, including property that the owner has given up or for which he has lost his right.
Derivative methods of acquiring ownership rights include the acquisition of this right on the basis of an agreement or other transaction on the alienation of a thing; by way of inheritance after the death of a citizen; by way of succession in the reorganization of a legal entity.
Many methods of the emergence of property rights can be used by any subjects of civil law (general or general civil methods of acquiring property rights, for example, legal relations arising on the basis of various transactions).
Termination of property rights occurs only in cases directly provided for by law. First of all, these are cases of termination of this right at the will of the owner. Such cases cover two groups of situations: the owner’s alienation of his property to other persons and the owner’s voluntary renunciation of his right. In the first case, we are talking about various transactions for the alienation of their property, made by its owner (purchase and sale in all its varieties, exchange, donation, rent-to-own, etc.). The procedure for the termination of the property right of the alienator (and the emergence of the property right for the acquirer) is mainly governed by the rules on transactions and contracts.