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GENERAL DESCRIPTION OF THE GROUNDS AND METHODS FOR
THE EMERGENCE OF PROPERTY RIGHTS
Safarov Umidjon Xakimjonovich
Kokand on civil affairs
judge of the inter-district court
https://doi.org/10.5281/zenodo.14053670
Annotation
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;
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•
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
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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 rights over that property based on legal grounds.
In such cases, the emergence of ownership rights over the property does not
depend on the ownership rights of the previous owner. This method of acquiring
property rights is referred to as the original method.
The original methods of acquiring property rights are characterized by a
common feature: they are not dependent on the rights of the previous owner.
Therefore, the procedure for acquiring property rights through the original
method is determined by law, rather than by an agreement between the former
and the new owner.
In the original method, citizens typically acquire private property rights through
the creation of new objects, the results of production activities, or by taking
possession of property. Both of these cases fall under the original methods from
the perspective of legal inheritance, because in these cases, the rights of the
person acquiring the property are not connected to the rights of the previous
owner, and no prior rights over the object exist—meaning they arise for the first
time.
The basis for acquiring private property rights over created or produced
property by citizens includes the following:
a) Creation and multiplication of new property as a result of entrepreneurial and
other economic activities; b) Obtaining products, yields, and other income
through the use of property in economic or other ways; c) Processing
(specification); d) Building a private house on a land plot allocated to citizens in
the prescribed manner; e) Acquiring property rights over buildings constructed
without authorization.
During the course of entrepreneurial and other economic activities, citizens
acquire property rights over various products, yields, and income obtained from
property they own. The production of goods, income, and products from
property is the ultimate result of citizens' production and economic activities.
The concepts of yield, income, and products differ from one another. Yields refer
to items that are directly separated from objects through natural methods.
Examples include the fruits from fruit trees, milk and calves from cows, wool
from sheep, and other similar products. Therefore, yields are not the results of
direct production activities by citizens, but rather the outcomes of the natural
state of the objects themselves.
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Income, often referred to as civil yields, arises when objects are involved in civil
transactions such as leases, loans, and other contracts. In this case, income is
generated when the property is provided to another person under a contract.
Examples of this include rent paid to the owner for using an object, interest paid
to a bank on deposited funds, and dividends from shares. Such yields and
income, unless otherwise stipulated by law or contract, belong to the property
owner.
Furthermore, property rights over yields can also be acquired by a person who
does not own the property but has an independent property right over the
object that generates the yield. For example, different types of yields obtained
from land plots bequeathed under the right of perpetual possession would
belong to the holder of that right. The property rights over yields in this case do
not depend on the rights of the actual property owner, and thus the acquisition
of property rights over such yields is considered an original method.
In civil transactions, there are instances where objects might not be in the hands
of their rightful owners or legal possessors but could be in the hands of illegal
possessors. According to civil law theory, illegal possessors are divided into
those who are just and those who are unjust, depending on how they acquired
the property. Under these conditions, the objects that produce different types of
yields may fall under the possession of illegal possessors. The acquisition of
property rights over the yields produced from these objects depends on whether
the possessor is just or unjust. If the possessor is an unjust possessor, any yields
derived from the objects can be claimed by the rightful owner or legal possessor,
and property rights will arise in accordance with the law.
In cases where an illegal possessor is a just possessor, the rights to the yields are
treated differently from those of an unjust possessor. A just possessor, who
knows or should have known that their possession is unlawful, will have
ownership of the yields produced from the object up to the time of their
recognition of the unlawful nature of their possession. These yields are
considered the property of the just possessor, not the true owner. In this case,
the acquisition of property rights over the yields follows the original method of
acquisition, since the just possessor's rights are based on the law, not the
owner's consent, and thus it is classified as an original method of acquiring
property rights.
Thus, to conclude, the acquisition of property rights over a found object arises
based on a specific legal structure and is considered one of the original methods
of acquiring private property rights by citizens. At the same time, in legal
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literature, the acquisition of property rights over a found object through the
original method is disputed by some scholars.
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