What Are the Different Types of Fractional Ownership?

Ownership is the right of everyone to possess, use, gain and dispose of their property in accordance with the law. It is the controlling power over the purpose, object, means, method and result of productive labor. It is a kind of property right, so it is also called property ownership. Ownership is the most important and complete right among property rights. It has three characteristics of absoluteness, exclusivity, and sustainability. The specific content includes four rights: possession, use, income, and disposal. The difference between property rights and ownership is that property rights are a larger concept, and property rights include ownership. Real estate ownership is only one of the main types of real estate ownership.

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Ownership is owned by the owner in accordance with the law

Ownership has the following characteristics:

First, ownership is

Acquisition of ownership:

(1) Original acquisition and subsequent acquisition

The method of obtaining ownership is divided into original acquisition and subsequent acquisition according to whether the ownership of others is the premise.

1. Original acquisition

The original acquisition refers to the direct acquisition of ownership based on legal provisions, not based on the existing rights of others, including preemption, production, interest income, attachments, legal ownership of possessions and confiscations, goodwill acquisition of movable property, and confiscation.

2. Succession

Succession acquisition refers to the acquisition of ownership based on the existing rights of others, which is mainly a legal act.

(2) Acquisition of Real Estate Ownership

1. Obtained by legal act

(1) Legal actions of both parties (such as "registration" for changes based on sales contracts, gift contracts, and reciprocity contracts)

(2) One-method law behavior (if bequeathed)

2. Obtained according to facts other than legal acts, such as inheritance, construction (such as the construction of houses, surrounding the sea and land), court judgments, enforcement, and public collection, confiscation and other administrative acts.

(3) Acquisition of movable property ownership

1. Obtained by legal act

(1) Legal actions of both parties (such as "delivery" based on sales contracts, gift contracts, and reciprocity contracts)

(2) One-method law behavior (if bequeathed)

2. Take ownership by facts other than legal acts

(1) Succession, including will and legal succession

(2) Court judgment and enforcement

(3) Public collection, confiscation, and fines

(4) Collection of interest

Unless otherwise provided by law or otherwise agreed by the parties, the ownership of interest is generally obtained by the original owner; however, ownership and benefits

Ownership includes the right to possess, use, gain, and dispose of. Ownership is the most adequate right and an absolute right.

Ownership is a system peculiar to human society. If a nation does not know what ownership is, or only grants it a secondary status in its institutional arrangements, and if it believes that "meumandtuum" simply means "what you and I hold now" This national life lives in a world different from the world. But in order to understand why their world is different, to evaluate the vague assumption that public management replaces ownership or the vague requirements that ownership has declined in the 20th century and the characteristics have changed Sex, we must first have a clear concept of "what is ownership".

The standard of ownership is attached to the property rights and obligations (incidents), that is, generally applicable to those recognized by a particular mature legal system and having the best interests recognized by a mature legal system Legal rights, obligations, or other rights and obligations attached to property. To do so is to analyze the concept of ownership; it refers to the "liberal" concept of "complete" personal ownership, rather than other concepts that are more restricted, although, in some cases, they Also called ownership.

Second, the types of rules adopted by the legal system to determine "who owns something" and where multiple subjects have rights to claim something

If we temporarily define ownership as "the greatest possible interest in something recognized by a mature legal system", it is natural to conclude that since all mature legal systems recognize the existence of "interests" in "things", So in a sense, all mature legal systems have the concept of ownership. Indeed, even those primitive systems (such as those that existed among the islanders of Trobriand) had some rules, according to which some people (such as the "owner" of a canoe), There are more benefits to certain items than to anyone else.

For mature legal systems, it is also possible to draw a broader claim that in these legal systems, there are some important legal elements of rights and obligations attached to property, which are common to different systems. If not, the phrase "he owns that umbrella" in a pure English environment is different from the translation of the French phrase "Ceparapluieestalui"-"he owns "That umbrella" has a different meaning. However, these two sentences have the same meaning.

Indeed, the status of those who "own" umbrellas in Britain, France, Russia, China, or any other modern country that people would like to mention, has substantial similarities. No matter where, if no other person has an interest in the object, in such simple and uncomplicated circumstances, the "owner" can use the object, or prohibit others from using the object, or can lend the object Or sell it, or discard it at will. But no matter where he is, he must not use the object to poke neighbors.

As for citizens and other civil subjects who can take ownership of those properties, in fact, China has three types of subjects of ownership rights, namely state ownership, collective ownership, and private ownership. The "Property Law of the People's Republic of China" does not explicitly provide for it. Chapter V of the "Property Law" only provides for situations where the state and collectives own it. Can take ownership. So, what is exclusive to the country? Which are collectively owned?

Ownership is owned by the state

1. Mineral deposits, currents, and sea areas;

2. Urban land belongs to the state, and rural and suburban land owned by the state is required by law;

3. Natural resources such as forests, mountains, grasslands, wastelands, tidal flats are owned by the state, except those that are collectively owned by law;

4. The law stipulates that the wildlife resources belong to the state;

5. Radio spectrum resources;

6. Cultural relics owned by the state as required by law;

7. Infrastructure such as national defense assets, railways, highways, power facilities, telecommunications facilities, and oil and gas pipelines are owned by the state in accordance with legal regulations.

Collective ownership

1. The land and forests, mountains, grasslands, wastelands and tidal flats that are collectively owned by law;

2. Collectively owned buildings, production facilities, farmland water conservancy facilities;

3. Collectively owned educational, scientific, cultural, health, sports and other facilities;

4. Other collectively owned real and movable property.
Except for the above-mentioned state-owned and collective-owned citizens and other civil subjects who cannot obtain ownership, the remaining citizens can obtain ownership by lawful means. ^[6]

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