Explain the rights and obligations - ownership and possession

Explain the rights and obligations - ownership and possession


Ownership and possession are mandatory.

Rights and obligations that are based on property

  • If you have ownership of something, it means that you have an unlimited right in this matter, no one should you take away your property, damage, or destroy it. It does not matter whether you use the thing, need or whether this has a value.
  • For example you can have ownership of recovered paper or garbage or be the owner of a house that you neither live in, rent or otherwise use. Nobody has the right, you take away these things, or to compel that you use the property or make available for use.
  • Garbage or waste paper is as long as your property until you pass this one collector. It follows that it is even theft if someone steals something from your garbage can. They have abandoned the claim of ownership to the stuff, but not ownership.
  • But property is also an obligation. So may your property a danger to others out. So if you collect garbage in the apartment, which is the right of ownership not a problem, it may, with the obligation that your property may be no danger of conflict that can go so far that you may be liable for disposal.
  • Property, whether a car, a dog, a horse or a piece of land is always a risk, it can humans, animals or objects be jeopardized. As an owner, you are responsible for any damage caused by your property. You can still be transferred obligation on an owner, but duty is usually only in the internal relationship effectively. If your dog bites a neighbor while he was a sitter in possession, you can make the sitter liable for, the neighbor can but take as owners of their duty.
  • Other obligations which are attached to the property, you can not transfer to an owner. Think, only to property tax or vehicle tax

So it looks to the possession of

  • You can be the owner of a thing without them is your own property. Owners are you if you have physical access to one thing.
  • On the property are always a number of obligations towards the owner tied, but the possession alone gives you no rights. Without an agreement with the owner you can treat a thing as the owner really only care to return it to the owner. That would be at a lost property of the case. You may not use the thing without consultation with the owner so.
  • If you've got something left to use, you may use the thing, for example, if you rent a car. You must use the property of another as are careful, as you do with your property as well. Go but of enhanced due diligence from, for example if you never wash your car, but hire a car from someone who washes it every day, you must treat the car as the owner would treat it. Note, you have the right to destroy your property, may therefore, for example, drive a car without coolant and destroy the engine. If you own the car only, but you can not afford this.
  • If you can about an owner of his property to a rent or a lease, you should make sure that there is a well-drafted contract. In this the vermietetet or leased thing should be described in detail, including the age and condition. Furthermore, the precise use should be set, for. Example, let for residential purposes. Moreover, it is useful to identify all mutual rights and obligations accurately.

Specificity of the holder

In the context of motor vehicles and animals, there is the concept holder. This is not necessarily identical with the owner or owners. As the holder of one who is considered that as an owner behaves who has the power to determine who pays for the cost of self-interest, which generally get the benefits of a thing and bears the economic risk of loss. With regard to the rights and obligations of the holder is almost equivalent to the owner. Clarification:

  • A racehorse can be owned by a person and the coach is holder of the animal, as this determines its own responsibility about the animal, it maintains at its own expense and send to race, and the like.
  • Better known is the example of the car owner. A car can even be registered on the holder, for example if it is owned by a leasing company. This has no obligations under its ownership. The holder is obliged to insure the car to pay taxes and to take care that it is driven only by authorized persons, and more.

So you see, to property rights and obligations are always bound, while ownership may be associated with an obligation under certain circumstances only. For this reason, you must always make accurate understandings, when it comes to property without ownership.

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