Things defined by generic characteristics a. Things are also divided into certain individual characteristics and certain generic characteristics. Money has a number of features
The Civil Code of the Russian Federation does not explicitly give such a classification. However, the concept of individually defined things is used, for example, in Art. 398 of the Civil Code of the Russian Federation provides for the consequences of failure to fulfill the obligation to transfer an individually defined thing.
Individually defined things are the only ones of their kind, unique such as a picture, a house, etc. All other things are things defined by generic characteristics. The latter are determined by number, measure or weight. The individual certainty of things is not their natural property, but arises as a result of the agreement of the parties. Of the things defined by generic characteristics, a certain amount can be singled out and they become individually determined. For example, any kind of goods in a store are things defined by generic characteristics. The thing selected for payment by the buyer becomes individually determined.
The legal consequences of the division of things not individual and generic are as follows:
1. The subjects of lease, property, lease, contract and a number of other contracts can only be things individually determined. On the other hand, the objects of a monetary loan can only be objects defined by generic characteristics.
Exchange transactions are valid only for mass-produced products, which are the only type of exchange goods.
2. Individually defined things are legally irreplaceable. Therefore, in the event of the destruction or damage of such things, the debtor is released from the performance of the debt in kind.
Unlike them, things defined by generic characteristics are legally replaceable and in the event of their destruction or damage, the debtor is not released from the performance of the obligation in kind.
In the event of the destruction of such a thing, not a vindication claim is brought, but a claim for compensation for damage in connection with the death of this thing.
Among things as objects of civil rights, aggregates and complexes are distinguished, which may include four varieties:
1. The totality of things and on a separate thing. 2. The main thing and accessories. 3. Components and spare parts. 4. Property complexes. A set of things is a group of homogeneous or heterogeneous things that fulfill their economic, economic purpose not separately, but together. Examples of aggregates are a furniture set, a service, a set various tools(locksmith, carpentry, etc.). As a general rule, this set is considered as a single object. However, it is allowed to conclude transactions regarding individual items from the aggregate, for example, the sale of furniture from a headset.
Paired items act as a set - a pair of shoes, gloves, skis, ski poles, etc. Although they are considered a single object, in certain cases it is possible to alienate one object from a pair.
In case of destruction or damage to one of the things included in the collection, the victim may demand replacement for a new set, or replacement of the value of not one, but the set of things.
The classification into the main thing and accessories is based on the fact that the accessory is designed to serve the main thing and is designed to ensure the convenience and reliability of using the main thing. For example, in the aggregate, a watch and a bracelet - a watch - the main thing - a bracelet is an accessory. The legal implications of this classification are as follows:
1. Ownership follows the fate of the main thing, unless otherwise provided by law or contract.
2. When buying and selling, an accessory is bought or sold with the main thing and free of charge, unless otherwise provided by law or by agreement of the parties.
The division of things into components and spare parts is due to the fact that they perform different functions in relation to the product as a whole. Composite parts - are structurally connected with the main object. They are inseparable in economic and functional sense: The engine of the car, its front and rear suspensions, etc. Legally, the main object cannot exist without its components. Both technically and legally they are inseparable. In the event that transactions with individual constituent parts, the whole object is considered as the sum of spare parts.
Individually-defined things are always immovable things, as well as things unique, one-of-a-kind (for example, the painting by M. Vrubel "The Swan Princess", the icon by A. Rublev "Trinity", the sculpture by M. Antokolsky "Ivan the Terrible"). Things defined by measure, weight, number are generic.
The line between individually defined and generic things is not unshakable, once and for all established. The status of a thing as individually defined or generic depends largely on the subject of what relations it is. The subjects of these relations can, at their own will, individualize a thing, separating it from among the generic ones, for example, if it is necessary to make a deal with it. Thus, cars of the Volga brand are generic things, and a Volga car purchased by a person with a certain number and body color is an individually defined thing. The buyer can select from the entire volume of grain available to the seller, the part he needs and place it in a certain package (bags, boxes) in order to
1 See: Art. 70 of the Land Code; the federal law dated January 2, 2000 "On the state land cadastre" // SZ RF. 2000. No. 2. Art. 149.
2 Decree of the Government of the Russian Federation of August 12, 1994 "On the state registration of motor vehicles and other types of self-propelled equipment in the territory Russian Federation» // SZ RF. 1994. No. 17. Art. 1999.
purchase the selected grain; such a grain may be called an individually defined thing. An individually defined thing in a particular transaction can act as a thing defined by generic characteristics. For example, the principal can instruct the agent to purchase for him a specific car indicated by him (an individually defined thing), or maybe any of the cars that meet a certain set of characteristics (a generic thing).
The legal significance of the difference between individually defined and generic things is that individually defined things are irreplaceable: their destruction terminates the obligation of the debtor to transfer things to the creditor due to the impossibility of performance. The death of a generic thing does not terminate the obligation: based on the principle rooted in Roman law, “a family cannot perish”; in such a case, the same quantity of things of the same kind and quality is subject to transfer. If the subject of the transaction is a generic thing, then no matter which of the existing set of things will be transferred under this transaction, the obligation will be considered properly fulfilled. If the subject of the obligation is an individually defined thing, the transfer of this particular thing will be recognized as its proper fulfillment. Only individual things can be claimed from the obligated person in kind by means of an action based on an obligation, or a proprietary (vindication) action.
More on the topic 2. Things defined by generic characteristics, and individually defined things:
- 1. Rights to other people's things. General characteristics of rights to other people's things
- 2. Things as objects of civil rights (legal relations). Things of private law. Types of things of private law
- § 23 Replacement of one performance by another. - Replacing a thing with its price. – Determination of the price upon return. - Russian law regarding the return of the estate to the rightful owner. - Cases of this replacement in Russian law.
Individually defined things are recognized as having special, only inherent features that make it possible to distinguish them from other things. Such things include, first of all, one-of-a-kind, unique things (for example, an original painting), as well as things that are not unique, but separated from the genus of their kind. different ways, in particular, the application of special designations, the implementation of registration, selection, etc.
Generic things are characterized by features common to all things of a given kind. The way to determine them is to establish the number, weight, measure (20 liters of gasoline, 4 kg of apples). The subject of a number of contracts can only be individually defined things (rental agreement), others - only generic things (loan agreement).
The legal significance of dividing things into individually defined and defined generic features lies in the fact that individually defined things are irreplaceable, things defined by generic features are replaceable.
As a special object, the Civil Code singles out animals(Article 137 of the Civil Code). As a general rule, in relation to animals apply general rules about property, but the legislation establishes special rules that ensure the humane treatment of animals. According to clause 2 of article 137 of the Civil Code, when the subject exercises his rights, a ban on cruelty to animals is established. Articles 231-232 of the Civil Code provide for measures to protect stray animals, and Art. 242 of the Civil Code establishes the possibility of forced redemption of a pet in case of improper treatment.
Money (currency) are a kind of things (Article 141 of the Civil Code). By its very nature, money is generic, fungible, divisible, and consumable. The national currency of the Republic of Belarus is the Belarusian ruble.
Under foreign exchange are understood:
a) banknotes in the form of banknotes, treasury bills, coins that are in circulation and are legal tender in the relevant foreign state or group of states, as well as banknotes of foreign states withdrawn or withdrawn from circulation, but subject to exchange;
b) funds on accounts in monetary units of foreign states and international monetary or accounting units.
Money can act as the main (independent) subject of a civil law transaction (loan agreement, donation agreement), but more often they act as a means of payment.
In accordance with Article 143 of the Civil Code security is a document certifying in compliance with the established form and (or) required details property rights, the exercise or transfer of which is possible only upon its presentation.
Types of securities.
· According to the method of legitimation, i.e. by way of transmission:
A) Bearer securities. The legal owner of such a security is any person who is the owner of this security.
b) registered securities- securities, the right to which is transferred by registering the transfer of the security with the registrar of these securities in the name of the new owner.
V) Order securities- securities, the right to which passes to a new owner by making an endorsement (endorsement) on the security itself. The person who makes the endorsement is called the endorser, and the person in whose favor the endorsement is made is called the endorser.
· Depending on the types of property rights:
Bond- a security confirming the obligation of the issuer to reimburse the owner of the security for its face value within the established period with the payment of a fixed percentage (unless otherwise provided by the terms of issue).
bill of exchange- a security confirming an unconditional obligation of the drawer (promissory note) or other payer specified in the bill (bills of exchange) to pay a certain amount of money to the holder of the bill upon the expiration of the period stipulated by the bill.
Check- a written instruction drawn up on a special form by the account holder (drawer) to the servicing bank to transfer the amount of money indicated on the check to the recipient of funds (check holder).
Deposit and savings certificates.
Deposit certificate - a bank security certifying the rights of a depositor (a legal entity individual entrepreneur) or its legal successor to receive after the expiration of the established period the amount of the deposit and interest accrued on it in the deposit currency.
Savings certificate - a bank security certifying the rights of a depositor (an individual) or his legal successor to receive the deposit amount and interest accrued on it in the deposit currency after the expiration of the established period.
Bill of lading- a security issued by the carrier or his representative, which determines the conditions of carriage, indicates the consignor, describes the cargo accepted for transportation in a way that allows it to be identified, and contains an obligation to transfer the goods at a certain place to the consignor or the person to whom the bill of lading will be transferred.
This list of securities is not exhaustive.
Restoration of rights to lost bearer securities and order securities is carried out by the court in the manner prescribed by procedural legislation (Article 149 of the Civil Code of the Republic of Belarus).
Article 128 of the Civil Code provides for the objects of economic legal relations of work and services as a variety of actions. Works and services are the object of economic legal relations mainly in legal obligations, i.e. in the obligations of a person to another person arising from a contract or other legal fact.
Thus, by virtue of a work contract, the contractor undertakes to perform certain work on the instructions of the customer, and the customer undertakes to accept and pay for the work performed.
A service as an object of economic legal relations is an action of an obligated person that does not generate material wealth. The service consists in the performance of the actions themselves and its value is manifested in the effectiveness. Services can be embodied in material objects (TV repair), have no embodied result (carriage of passengers), and can also be expressed purely in the legal actions of the obligated person by virtue of law or contract (the attorney undertakes to perform actions on behalf of the principal).
Article 140 of the Civil Code is devoted to such an object of economic legal relations as information that constitutes official and commercial secrets. common feature, which a commercial or official secret must have, is its commercial value (actual or potential), i.e. the ability to be an object of market turnover. This feature is predetermined by the following factors: the relevant information is not generally known; it is not freely accessible legally; the owner of the information takes measures to protect its confidentiality.
The composition of information constituting an official or commercial secret is determined by the business entity itself in relation to commercial secrets and by state authorities in relation to official secrets, taking into account the restrictions established by law.
The objects of economic legal relations can be results of intellectual activity which include works of science, literature, art, phonograms, performances, transmissions of broadcasting organizations, inventions, utility models, industrial designs, selection achievements and means of individualization equated to them in terms of protection methods legal entity, products, works and services performed (trade names, trademarks and service marks, appellations of origin of goods).
Subjects of the results of intellectual property have exclusive rights to the results of their activities, and therefore the use of the latter can be carried out by third parties only with the consent of the copyright holder.
GC fixes general rules for the protection of personal non-property rights and other intangible benefits. Article 151 of the Civil Code gives an approximate list of intangible benefits to be protected: life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, personal and family secrets, the right to free movement, choice of place of stay and residence, the right to the name, the right of authorship, other personal non-property rights and other intangible benefits that belong to a citizen from birth or by virtue of an act of legislation, inalienable and non-transferable in any other way.
The inseparability of non-property goods from the individual predetermines the non-transferability of these benefits, and, consequently, the non-transferability of personal non-property civil rights.
The property of business entities consists of:
1) tangible assets;
2) financial assets;
3) intangible assets.
Into tangible assets includes fixed and current assets: buildings, structures, machinery, equipment, vehicles, raw materials, semi-finished products, etc.
To financial assets include: cash on hand, deposits in banks, deposits, settlement documents, insurance documents, government and other securities, consumer credit provided to its employees, Equity contributions to the property of other business entities, other financial assets.
Intangible assets include: trade marks and marks, names, patents, know-how, property rights to use material resources and other intangible assets.
Ownership.
Implementation entrepreneurial activity subjects of economic relations is carried out on a certain material base, which allows you to perform the relevant production and other processes that ensure the achievement of goals in business.
The basis of the property of business entities is the right of ownership, the content of which is enshrined in Article 210 of the Civil Code, it represents the right to own, use and dispose. The legal regime of this property depends entirely on the basis on which this property belongs to him, as well as on its purpose. The property belonging to a business entity, on the basis of which it carries out its entrepreneurial activities, may include: buildings, structures, equipment, machinery, land plots, other things used in the production process and in entrepreneurial activities, as well as money, securities, various property rights, including intangible objects (industrial designs, utility models, trademarks, brand names, etc.).
All this property, depending on its composition and purpose, according to Article 130 of the Civil Code, is divided into: movable and immovable. Real estate includes the property that is firmly connected with the land, that is, objects that cannot be moved without disproportionate damage to their purpose. Movable property includes all other property, the movement of which is possible without damage to it.
The right of ownership allows the owner, in accordance with the norms of this article: to independently perform any actions in relation to the property belonging to him that do not contradict the law, public benefit and safety, and do not cause harm environment, historical and cultural values and not infringing on the rights and legally protected interests of other persons, including alienating their property into the ownership of other persons, transferring to them, while remaining the owner, the rights to own, use and dispose of property, pledge property and encumber it in other ways and dispose of them in other ways.
generic thing (genus- genus as a "category", "class of objects"; in this sense, this term should be distinguished from the concept of “clan collective”, “clan”, “collective of blood relatives”) - this is a class, a group, a kind of some things that have certain common qualities and properties. A thing that is valuable to us only by generic qualities (genus) easily replaceable, because its value in circulation is determined by its grade, quality, weight, number.
The most important legal question that arises in the practical field in connection with generic things is the question of the risk of accidental loss of things (periculum). If the contract treats the subject of the transaction as genus(for example, when we lend grain, we expect that we will be returned the grain of the same grade, of not worse quality and in a certain quantity - in other words, we do not expect that the very specific grains that we transferred will be returned to us), then in case of accidental destruction of this object before its transfer to the creditor, the debtor is not released from performance, since genus, a generic thing can always be replaced by another thing of the same sort, quality, weight, etc. Legally, such a thing is considered incapable of death. This provision is expressed in the following legal saying: "generic things do not perish" (genera non pereunt).
Individually defined thing (species) is a concrete thing, isolated, isolated from a number of other things of the same kind. Such a thing is considered irreplaceable, because it is valuable to the parties in the transaction in itself, as such. Question about the risk of accidental death ( periculum) individually defined thing is solved as follows: in the event of an accidental destruction of the subject of the transaction, the debtor, of course, has no opportunity to fulfill his obligation, since we are talking about a specific thing. On this occasion, the later science of Roman law formulated the following rule: “An individually defined thing perishes for the one to whom it is intended” (species perit ei, cui debetur).
It must be said that the difference genus And species has a subjective, not an objective meaning: the subject of the transaction is defined either as a replaceable or as an individually defined thing, depending on what kind of contract the parties have concluded. For example, there are a number of contracts in which the item is always considered species; this, for example, is a sale and purchase, simple storage, a loan, an exchange agreement, an appraisal agreement (otherwise: a junk dealer agreement). In all these cases, the subject of the transaction is determined specifically, it must always be singled out among the whole mass of things of the same kind. For example, if a person in the market buys a kilogram of peaches, then he makes a sale and purchase transaction with the seller not about a kilogram of peaches in general, but about exactly those peaches that the buyer has chosen, and the seller has weighed and put in a container, i.e. singled out, individualized from the whole mass of other peaches of a given variety, a given batch, a given harvest, etc. On the contrary, in the loan agreement the subject has always been defined as genus, those. as a certain amount of things of a given kind, variety, quality, etc. When a farmer, suffering from a drought, asks a richer neighbor for a certain amount of grain until next year, he, naturally, will not be able to return to the creditor the very grains that he took; he will give the amount of grain of the same grade, but of a different crop, established in the contract.
Consul Lucius Mummius, who subjugated in 146 BC. Greece, was so ignorant that when, after the capture of Corinth, paintings and statues made by the hands of the greatest masters were loaded on ships to be sent to Rome, he ordered the escorts to be warned that if they lost them, they would have to return new ones.
1. Depending on the possibility of participation in civil circulation:
a) things admitted (permitted) to circulation (free in circulation), those. such that can be freely alienated, change the owner without any restrictions. They include the vast majority of things.
b) things limited in circulation, those. those that can be alienated only under certain conditions. The circle of persons having the right to possess a thing may be limited; its possession may be made dependent on a special permit, and so on. such things include weapons, aircraft, strong poisons, drugs, precious metals, explosives, historical and cultural monuments, etc.
c) things withdrawn from circulation, those that cannot be alienated and be the subject of civil law transactions. They are objects of the exclusive property of the state, which should be explicitly stated in the law (certain types of weapons, nuclear energy, bowels of the earth, forests, water, resources of the continental shelf, state treasury, etc.).
turnover understood in Art. 129 of the Civil Code of the Russian Federation as the suitability of objects of civil rights for free alienation and transfer from one person to another in the order of universal succession or otherwise.
2. Movable and immovable things:
a) immovable (real estate) - land plots, subsoil plots, separate water bodies and everything that is firmly connected with the earth (forests, perennial plantations, buildings, structures both above and below ground), that is, something that cannot be moved without disproportionate damage to their purpose. Outside of connection with land plots, immovable things lose their usual purpose and, accordingly, decrease in price. Thus, trees grown in special nurseries or houses intended for demolition are not considered real estate. In addition, real estate includes enterprises as property complexes used for business activities.
The structure of the enterprise as a property complex includes all types of property intended for its activities, including land plots, buildings, structures, equipment, inventory, raw materials, products, the right to claim, debts, as well as the right to designate, individualizing the enterprise, its products, work and services (company name, trademarks, service marks), other exclusive rights. The law refers to real estate due to their special significance a number of objects that do not have signs of immovable things - these are air, sea and river vessels, space ships, artificial satellites subject to state registration.
Real estate has a complicated turnover, since any transactions for the disposal of real estate require state registration by justice institutions.
b) movable (movable property) - all other things that are not related to real estate.
3. Individually defined and generic things:
a) individually defined, those. those that differ from other similar things in specific, special, individual, that is, characteristics inherent only to them (car, under a specific number). Being the object of a legal relationship, these things cannot be replaced - the parties have in mind a specific thing, defined by its inherent features (style, color, number, etc.), which allow it to be distinguished from a number of other similar things.
Things that have not been singled out from a number of similar things up to a certain point can be individualized by selection (for example, when buying them in a store) or in the process of using them. In principle, any things singled out by the participants in the transaction from the mass of homogeneous things can be attributed to individually defined things, for example, part of the potato crop stored in a certain place; gas packed in a specific cylinder, etc. Among individually-defined things, there are unique things that exist in a single copy (a specific painting by a certain artist; an antique vase).
b) generic, those. those that are determined by generic characteristics (number, weight, measure) and do not stand out from a number of their own kind: grain, flour, chintz, etc. Generic things are interchangeable. Entering into legal relations regarding such things, the parties have in mind the kind of things (a bag of potatoes, a ton of fuel oil, a thousand rubles), and not a certain thing.
Individually defined things are legally irreplaceable, i.e. in the event of the loss of such a thing, it will be possible to claim only damages. Generic things in case of death can be replaced by other things of this kind. In addition, the subject of some contracts can only be generic things, and the subject of others - only things defined by individual characteristics.
Generic things may be the subject of a loan agreement and may not be the subject of a lease agreement. Under the terms of the first, the same thing is subject to return (we will return not the same banknotes that we took), and under the terms of the second, the same thing that was received. The object of supply contracts, contracting, and some others are, as a rule, also generic things. In property and housing lease agreements, free use property, contract and some other object is always individualized.
4. Consumable and non-consumable things:
a) consumed those. those that, in the process of their use, lose their consumer qualities completely or in parts (foodstuffs), or are converted into another thing ( Construction Materials, industrial raw materials, semi-finished products). Thus, a single act of using such things leads to their destruction or significant modification;
b) non-consumable things, those. those that, in the process of use, although they wear out (are depreciated), but retain their quality for a more or less long period of time (residential buildings, furniture, books, etc.).
These natural differences between things are taken into account when determining various kinds civil law contracts. The subject of some contracts is only consumable things, a number of other contracts are non-consumable. Thus, only a consumed thing can be the object of a loan agreement, since it assumes that the thing transferred under the agreement will be spent by the borrower, who is obliged to return the thing of the same kind and quality (Article 807 of the Civil Code of the Russian Federation).
On the contrary, in a lease agreement or an agreement for the gratuitous use of property, the object is always a non-consumable thing that must be returned to the lessor (lender) of supply, exchange, donation, storage, can be concluded under a contract of both consumable and non-consumable things.
5. On the basis of divisibility:
a) shareable things those. those that can be divided in kind into separate parts without prejudice to their purpose (food, fuel, materials, etc.). A dwelling house, provided that it is assigned to each of the owners of a particular dwelling, may be a divisible thing;
b) indivisible things, those. those whose division in kind is impossible without significant damage to their purpose (car, tape recorder, etc.).
The difference between divisible and indivisible things matters in the division of property in common ownership, inheritance, and the fulfillment of an obligation in parts. Indivisible things are either transferred to one of the owners with the provision of monetary compensation to others, or sold, and the proceeds from the sale are divided between the owners (Article 252 of the Civil Code of the Russian Federation). Depending on the divisibility or indivisibility of a thing, the share or solidarity nature of the obligation arising from the thing is determined (Article 322 of the Civil Code of the Russian Federation).
6. Complex (cumulative) things, those. those that are a complex of homogeneous or heterogeneous items that form a single whole and are used for a single purpose (furniture set, table service, special library, collection, etc.). Aggregate items also include all paired items - shoes, gloves, skis, etc. Complex things, as a general rule, are considered indivisible.
A deal concluded regarding a complex thing applies to all its components (part 2 of article 134 of the Civil Code of the Russian Federation). However, it should be noted that this is only a general rule. Participants in a particular transaction, in principle, can consider any aggregate thing as divisible. An exception is the case when the cumulative thing is specially protected by law, for example, a valuable collection registered by the state as a monument of history and culture.
7. Main thing and accessory - these are things that are not physically connected with each other, but connected by a common purpose ( musical instrument and its case, painting and its frame, lock and key, violin and bows, etc.). The significance of each of these things is not the same: one is dependent on the other and cannot exist on its own, while the other has an independent value.
Main things have their own meaning.
Belonging a thing is considered to be designed to serve another, main thing and, as a rule, does not have an independent value.
The legal significance of such a division is that, as a general rule, ownership follows the fate of the main thing, unless otherwise provided by the contract (Article 135 of the Civil Code of the Russian Federation). If, for example, a car is bought, then all accessories of the main thing - a set of tools, a pump, a jack, etc., should be transferred to the buyer without any special remuneration, unless otherwise agreed by the parties in the contract.
To be distinguished from accessories components and spares parts of the main thing. The constituent parts of a thing are its parts that are structurally connected with it (an engine, for example, is not an accessory, but an integral part of a car). The thing must be transferred with all its components, unless otherwise stipulated in the contract. Spare parts are designed to replace broken parts of the main thing, for example, a car battery. Spare parts are transferred by special agreement of the parties.
8. The main thing and its fruits, products and income from it(i.e. income of a biological or economic nature resulting from the use of a thing).
Fruit- products of the organic development of a thing that are separated from it as new things without its significant change and serve as objects of civil legal relations (milk from a cow, wool from a sheep, eggs from poultry, fruits of fruit trees, as well as offspring, i.e. offspring from productive livestock, fur-bearing animals in nurseries, etc.)
Products- this is everything that is obtained as a result of the productive use of a thing.
Income - these are cash and other receipts from a thing due to its participation in civil circulation (rent, interest on bank deposits, etc.)
In some cases (see, for example, Article 305 of the Civil Code of the Russian Federation), the term “income” is also used in a broader sense, covering in-kind receipts from a thing, i.e. fruit.
The legal meaning of this classification lies in the fact that the fruits, products and incomes belong to the person using the property on a legal basis (i.e. not only the owner, but also any legal owner, for example, the tenant, lessee of the thing), unless otherwise provided by law, other legal acts or an agreement on the use of property (Article 136 of the Civil Code of the Russian Federation). The owner of a fruit-bearing thing, when renting it out, should, if he wants to retain the right to extract fruits, specifically stipulate this in the lease agreement.
An illegal owner who returns property to the owner upon vindication is not entitled to keep the fruits or income extracted during the period of illegal possession - they are returned along with the thing, and if it is impossible to return them in kind, their cost is reimbursed (Article 303 of the Civil Code of the Russian Federation).
9. Animate and inanimate things.
The vast majority of things involved in civil circulation refers to inanimate objects of the material world. Civil legal relations are also formed with regard to living beings, which include domestic and wild animals. animals. In general, the general rules on property (Article 137 of the Civil Code of the Russian Federation) apply to animals, unless otherwise provided by law or other legal acts. Cruelty to animals that is contrary to the principles of humanity is not allowed.
For example, in accordance with Art. 241 of the Civil Code of the Russian Federation, domestic animals can be forcibly redeemed from the owner, who treats them in obvious contradiction with the rules established on the basis of the law and the norms of humane treatment of animals accepted in society. Sometimes, when deciding on the ownership of animals, their attachment to persons claiming to acquire them as property is taken into account (Article 231 of the Civil Code of the Russian Federation).
A special kind of things are money and securities, which, due to their inherent specificity, require independent consideration.
Money in the system of objects of civil law.
Money is a generic, divisible and replaceable thing. A borrower who has received a certain amount of money under a loan agreement from a lender does not return the same banknotes (with the same issue numbers), but any others, of any denomination, but in the same amount. The destruction of received banknotes, for example, in a fire or other circumstances, does not affect the obligation to repay the received debt in a timely manner, etc.
If money loses the properties of a universal equivalent, then they lose their generic characteristics and can act as an object of law as individually defined things. Being things defined by generic characteristics, money can be individualized by recording the number of a separate banknote and then turn into things individually defined. For example, banknotes are individualized when their numbers are indicated in the investigative protocol. Acting as an element of a numismatic collection, money loses the properties of divisibility and substitutability, and is subject to general rules about the property.
Money has a number of features:
1) are a universal equivalent, they can, in principle, replace any other object of property relations of a reimbursable nature. Money is the universal means of payment. In other words, almost any property debt can be repaid with money, unless there is a ban on this in the law or if the creditor does not object to this. Possessing the properties of a universal equivalent, money is also suitable for compensation for moral damage (Article 151 of the Civil Code of the Russian Federation);
2) Legal tender in the Russian Federation is the ruble, consisting of one hundred kopecks. The exclusive right to issue cash into circulation and withdraw it from circulation belongs to the Bank of Russia. The issue of cash is carried out in the form of bank notes (banknotes) of the Bank of Russia and metal coins. Banknotes and coins are unconditional obligations of the Bank of Russia and are backed by all its assets. Payments on the territory of the Russian Federation are made by cash and non-cash payments. For foreign currency, a special circulation regime is established, determined by special regulatory legal acts;
3) Money can be the subject of transactions (donation, loan, etc.)
Securities.
In addition to own money, other monetary documents are involved in civil circulation, a special place among which is occupied by securities. A security is a document certifying, in compliance with the established form and obligatory details, property rights, the exercise of which is possible only upon its presentation.
1. A security certifies a certain property right, for example, the right to receive a sum of money, property, the right to manage the affairs of a joint-stock company.
2. A security is a document. However, the Civil Code allows existence without documentary securities, which are nothing more than a record on a computer account. All other rules of securities cannot be applied to them, but only those that do not contradict the type of fixation. So, for example, you cannot sell an entry on a computer account.
3. A document is a security only if the requirements for the form, props are met. If they are distorted or slightly violated, the document will not be valid.
4. The exercise of rights certified by a security is possible only upon presentation of the original of this paper, in other words, the right is inextricably linked with the document. Therefore, with the transfer of a security, all the rights certified by it in the aggregate pass.
