What is movable property? Definition, ownership
Movable property is any property that cannot be attributed to real estate due to the peculiarities of their legal nature (any type of housing and its derivatives, such as a room, building or land plot). Things that are included in the list of property of this type are material values that can be transferred from one physical. faces another. These include natural resources, various equipment and goods to be transported, animals, furniture attributes, etc.
Movable property is a concept that should be distinguished from property expressed in non-material requirements (it is a question of securities, rights, etc.). However, an attempt to characterize some objects makes a person difficult. Consider the example of forests that are real estate, but may be subject to transportation due to its cutting. So the forest turns into a movable form of ownership.
Movable thing (property) - represented by any title to objects that are not under the jurisdiction of the definition of real estate. And the latter can be attributed land or a fragment of the subsoil, that is, the area of land with a certain value. This object is not amenable to transportation due to its own strong connection with a particular place. An important accompanying characteristic is the absence of damage when trying or transporting real estate. Still here are various buildings and structures that have not been completed. The legislative bodies of the Russian Federation refer to real estate vessels moving by sea and air, space objects.
Considering the question of definition (what is movable property) it is necessary to know about the presence of the distribution of categories in this concept. Classification occurs according to two criteria:
- legal - determination of the belonging of an object to a certain category depending on its relationship with the land plot;
- material - an indicator of the degree of connection of the earth with things.
In accordance with the last criterion, a movable form of property can be called a thing that does not have a strong connection with the land.Legal criteria state that a determination should be made on the basis of an assessment of the possibility of transferring an object without creating a disproportionate amount of damage that may be accompanied by transportation.
A feature of movable property is that a thing can be attributed here only if the requirements of both criteria are met. Otherwise, the object will be assigned to real estate. General rules do not require mandatory registration of rights to movable property. However, there is a list of items that, in accordance with the laws of the country, can be fixed in the documentary form. The order of the process is determined and prescribed by law. Vivid examples on the territory of the Russian Federation can serve: weapons, historical valuables, some valuable papers, large vehicles, and so on.
History of development
The distribution of things according to the type of movable or immovable property began to be accomplished during the time of the Roman Empire, where it was provided for by civil law (from the third century BC to the third century AD). The first type (on a spatial basis) attributed the moved subjective values, and the second - the land and everything that was created on them.The ownership of movable property, as we have already understood, appeared long before the formation of the modern world and its legal laws, which are customary today.
The early development of the state in Rome defined the land as the most significant object that is part of someone’s property. In the majority of cases, land was appropriated to the entire community of the Roman Empire. The legal capacity of an individual number of citizens was determined by the information contained in the institutions of ownership. She said that a person can dominate a certain object, but the rights of disposal have a number of restrictions.
Land transactions could only be conducted by Quirites, and their consolidation could be carried out in the process of mancipation. The validity of the contract was approved by judicial acts.
The structure of the structure of the federal authorities in the field of property management
In accordance with the Civil Code of the Russian Federation, the definition of movable property falls under the jurisdiction of the Federal Agency for State Property Management. This authority, when exercising, does not only determine the ownership of movable property,but also generally deals with issues of classification of ownership of various constituent elements of law, proceeding from the area of land relations, functioning in the sphere of property relations, and so on.
The main function of the Federal Property Management Agency can be called the ability (if there are established powers) to carry out state policy in matters of ownership of a particular object under investigation to a particular land plot. A number of rights are being introduced that have a certain limit, which limits the full freedom of the owner’s activities. This condition is dictated by the legislation of the Russian Federation and refers to the features of the operation of enterprises of a unitary type, government agencies, a number of joint-stock organizations, etc. All institutions that can influence the property of the state’s treasury in one way or another are included. They are differentiated according to different principles, for example, in accordance with the property of a subject or municipality.
Answering the question about what is movable property, it is important to know about the existence of the concept of a debtor, which is a federal state enterprise of a unitary type. It performs a series of bankruptcy related procedures.Protects the right to property, the legitimate interests of the Russian Federation, which may be questioned as a result of certain measures, such as privatization. This is equivalent for the territory within the borders of the state itself, and for land plots beyond its borders.
Debtors are engaged in keeping records of federal property and create its registries. Only with the help of operational management, which is responsible for utilities, can the structures specifically formed for such purposes be monitored. They include a number of professionals professionally trained to deal with such issues and problems. These types of structures include local governments. The purpose of their creation was to ensure a wider coverage of the goals and methods of their solution, which are set before the state. With the help of these entities, control and monitoring of political and economic governance is carried out. However, the solution of problems is not always exactly executed.
Experts estimate the valuable movable property using special methods, among which they distinguish: profitable, expensive and comparative.
Comparative assessment form can be used to identify competing property items. The degree of their comparability indicator is determined, which is necessary for an exact adjustment, during which the price at which the object will be sold will be finally accepted. Comparative methodology allows us to assess movable property as objectively as possible. The purpose of this is an attempt to create a price that will allow competing in the sales market, but at the same time “not going into the negative.” Typically, this method finds its use in local use, which is determined by adding up the money that was spent on transportation with the cost of installation, commissioning and loading.
Assessment of movable property can occur through an expensive method, in the course of which the search for information on the market value of the conditions and applicable methods, the market itself. Such information is used by appraisers to determine the amount of profit that will be obtained in the course of entrepreneurial activity, and also take into account organizational profitability and consider benefits from an economic point of view.Another important element is the study of the functionality of obsolete property since its entry into the market.
These calculations are closely related to the cost method, in which the determination of the value of the property is based on information about the costs of making changes, operating and the creation of the object itself, if necessary. Any type of property depreciation is taken into account.
Answering the question of what is movable property and what are the ways of its evaluation, it is important to mention profitable calculations. The profitable technique can be used by the appraiser only if there is knowledge of the market in which the object is located. It is also important to consider the indicator of market functioning. In the presence of such data, the subject determines the expenditure costs of carrying out certain operations. The final estimate of the calculations should also include the determination of the strength of market potential and competitiveness.
Introduction to the concept of movable and immovable property
What is movable property? Fully answer this question is possible only by considering a specific object.Due to certain circumstances, the belonging of objects to movable or immovable property may change. So what is their difference?
Movable property may be subject to movement. At the same time, the transportation process should not cause great damage to the plot of land on which this property is located. Real estate can not be moved or possible, but in violation of its integral structure, in addition, an attempt to transport property will entail the presence of a number of problems of different nature.
Registration of movable property is not always required (as opposed to real estate).
In legislative acts of the Russian Federation there is a restriction on the simple transfer of the rights of the actual appropriation of objects from one person to another. However, many movable type things can be transferred without their strictly recording and entering into the registers, among which may be noted: valuable documents, shares, bonds, household appliances, vehicles, equipment for offices, etc.
Going into the subject
The ownership of movable property in this category in other countries is determined by various methods,which not only have a certain similarity with the standards of the Russian Federation, prescribed in legislative and legal acts, but also include a number of differences.
In France, personal property objects are divided into two forms: movable thing and property. Vessels moving in water and aircraft-type vehicles in this case belong to the second type. This is due to the fact that they are able to "independently" move a certain distance. However, there are a number of cases in which a ship or aircraft can be defined as mobile real estate. Thus, the right to transfer movable property may have various features, depending on the laws of the state in which the definition or transfer of this type of property takes place.
The legislation of the Russian Federation evaluates any land plots, as well as construction objects, buildings, timber, subsoil areas and long-term type installations as regular real estate. In other words, any object that can be moved only with causing enormous damage or cannot be transported at all can be defined as immovable property.All persons, citizens of the country, have the same number of rights to own the object of movable property, in contrast to real estate, which may have a number of restrictions specified in the legislation of the Russian Federation.
The right to movable property under certain circumstances may not be considered at all. This phenomenon arises as a result of incorrect interpretation and interpretation of its possibilities for the operation of objects by entities that have the right to property, but do not have actual evidence of this. Lack of ability to substantiate and prove one’s own right to a certain object of movable property can lead to its inability to use it in the market.
Considering the question of which movable property can actually be regarded as such, we have repeatedly encountered the concept of excessive damage to a subject, land or state, according to which an object that can be moved refers to real estate. So why? The fact is that such objects as reservoirs, chemical disposal facilities, railway structure and underground utilities can theoretically be moved,but an attempt to transport them may lead to actual problems, the damage from which will be too great or even irreparable. On this basis, it is possible to clearly define why the registration of movable property is optional, and the property must be entered in the registries and recorded. Another reason for this is the reduction in the likelihood of fraud during the bidding between the buyer and the owner of the object.
Compliance with the contract and property
When concluding transactions on movable or immovable property, both parties may influence the civil contract, in accordance with which the contract is executed. The norms of the law have a clear division by type of action in accordance with a number of specific situations that have common features.
The type of property determines the dependence of the form of its transfer. For example, donation of real estate should always take place under the supervision of government agencies, but the transfer of rights to own movable objects can do without it. Sometimes a verbal form of appropriation is sufficient. But if the donor is a legal entity, and the value of the gift exceeds three thousand rubles, then it is necessary to make a registration indicating that the right of ownership will extend to the future.One of the reasons for this phenomenon is an attempt to reduce the number of fraudulent frauds in the market.
In the concept of law there is the phenomenon of concessions on movable property tax. It is characterized as providing the subject with special opportunities. Thus, the subject may receive certain privileges before the state or in relation to the right to own the object. Such types of "incentives" may be, for example, the payment of certain funds, the payment of any services in the tourism sector, and so on.
Analyzing the general information obtained in this article, the reader has the opportunity to characterize the right to movable property and determine which objects are of this type.