(A) the meaning of ownership
Ownership is the owner's right to possess, use, benefit and dispose of his property according to law. It is the dominant force over the purpose, object, means, methods and results 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, which has three characteristics of absoluteness, exclusiveness and sustainability, and its specific contents include four rights: possession, use, income and disposal.
(B) the characteristics of ownership
Ownership has the following characteristics:
First of all, ownership is an absolute right. Ownership does not need the positive behavior of others, as long as others do not interfere, everyone can realize their rights by themselves. The subject of obligation of ownership relationship is everyone except the owner, and its obligation is not to illegally interfere with the owner's exercise of rights, which is a specific obligation of omission.
Second, ownership is exclusive. Ownership belongs to real right and is exclusive. The owner has the right to exclude others' interference in the exercise of power, and the same thing can only have one ownership, but not more than two. Of course, the exclusiveness of ownership is not absolute, and modern laws have different degrees of restrictions on ownership.
Third, ownership is the most complete property right. Ownership is the most comprehensive and sufficient property right, which includes not only the possession, use and income of things, but also the final disposal right of things. As the most complete property right, ownership is the source of other property rights. In contrast, construction land use rights, easements, mortgages, pledges, liens and other real rights.
Fourth, ownership is flexible. Although the right of possession, utilization, income and even disposal can be completely or partially separated from the owner, as long as there are no legal facts that make the ownership disappear (such as the transfer and loss of ownership), the owner still maintains the right to control his property, and the ownership does not disappear. When other rights set on property are eliminated, the burden of ownership is eliminated.
Fifth, ownership is permanent. This means that the existence of ownership is unpredictable during its existence. For example, the parties cannot agree that the ownership is only five years, and the ownership will be destroyed after five years. The agreement of the parties on the term of ownership is invalid.
Sixth, ownership is conceptual. Conceptualization means that the existence of ownership has been conceptualized since modern times, that is, all people do not need to control everything in reality, and an important change has taken place in the concept of "ownership control" from ownership to possession-the concept that the benefits brought by the exercise of ownership are more important than the control of everything is stronger than ever before, and it belongs to the category of "the concept of all people realizing benefits". Seventh, equality of ownership. As a private right, its legal status should be the property right without discrimination. The provisions of Articles 3 and 4 of China's Property Law embody the principle of equality of ownership under the socialist market economy system.