From the point of view of civil law, things are. Legal Glossary: ​​Things

Immovable things include land plots, buildings, forests, perennial plantings, that is, everything that is firmly connected with the land for its intended purpose. In addition, real estate includes enterprises as property complexes, as well as space objects, aircraft, sea and river vessels subject to state registration... Real estate has a complicated turnover capacity, since any transactions for the disposal of real estate require notarization and state registration by the institutions of justice.

Items not related to real estate are considered movable property.

3 Individually defined and generic things.

Generic things are determined by generic characteristics (number, weight, measure) and do not stand out from their own kind: grain, flour, chintz, etc.

Individually-definite things are such things that differ from other similar things in specific, special, individual, that is, inherent only to them, characteristics: an antique vase, made in only one copy; a car with a specific number; the same grain, but folded and sealed in a warehouse at a well-defined address.

Individually defined things are legally irreplaceable, that is, in the event of the death of any such thing, it will be possible to claim only compensation for losses. Generic things in case of death can be replaced by other things of this kind.

The subject of some agreements can only be generic (for example, a loan agreement - we will not return the same bills that we took), but the subject of others - only things determined by individual characteristics (for example, renting a room).

4 Divisible and indivisible things.

A thing, the division of which in kind is impossible without significant damage to its purpose, is recognized as indivisible (car, tape recorder, etc.).

In the event of a division of common property, the divisible things are divided in kind, the indivisible thing remains with one of the owners, and the other is paid monetary compensation for his share.

5 The main thing and accessory.

An accessory is a thing that is intended to serve another, main, thing and is associated with a general purpose (for example, outbuildings, a toilet, a fence located on the site with the house).

Belonging shares the fate of the main thing, that is, in the case of transactions with the main thing, the belongings are considered part of it.

6 Difficult thing.

If dissimilar things form a single whole, implying their use for a common purpose (a collection of paintings, a set of upholstered furniture, a service), they are considered as one thing. A deal concluded over a complex thing applies to all its component parts.

7 Money.

Money is a generic and interchangeable thing with the following characteristics:

1) money is estimated not by the number of bills, but by the number of monetary units expressed in a bill;

2) the legal tender in the Republic of Belarus is the Belarusian ruble. For foreign currency, a special treatment regime has been established, determined by special regulatory legal acts;

3) money can be the subject of transactions (donation, loan, etc.).

a) consumed, those. those that, in the process of their use, lose their consumer qualities completely or in parts (food products), or are transformed into another thing (building 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 (amortized), but retain their quality for a more or less long period of time (houses, furniture, books, etc.).

These natural differences between things are taken into account when determining various types of civil contracts. The subject of some contracts is only consumable things, a number of other contracts are non-consumable. So, the object of the loan agreement can only be a consumed thing, 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 a contract 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 an agreement of both consumed and non-consumable things.

5. On the basis of divisibility:

a) divisible things, those. those that lend themselves to division in kind into separate parts without prejudice to their purpose (food, fuel, materials, etc.). A dwelling house, provided that a specific dwelling is assigned to each of the owners, may be a divisible thing;

b) indivisible things, those. those, the division of which in kind is impossible without significant damage to their purpose (car, tape recorder, etc.).

The distinction between divisible and indivisible things is important in the division of property in common ownership, inheritance, the performance of an obligation in parts. Indivisible things are either transferred to one of the owners with the provision of monetary compensation to the other, or are sold, and the amount received from the sale is 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 joint and several nature of the obligation arising in relation to the thing is determined (Article 322 of the Civil Code of the Russian Federation).

6. Complicated (aggregate) things, those. those that are a complex of homogeneous or dissimilar objects that form a single whole and are used for a single purpose (furniture set, table service, special library, collection, etc.). All paired things also belong to aggregate things - shoes, gloves, skis, etc. Difficult things by general rule are considered indivisible. A transaction concluded regarding a complex thing applies to all its constituent parts (part 2 of article 134 of the Civil Code of the Russian Federation). However, it should be borne in mind 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 aggregate thing is specially protected by law, for example, a valuable collection that is registered with the state as a monument of history and culture.

7. The main thing and belonging - these are things that are not physically connected to each other, but are connected by a common purpose (a musical instrument and its case, a picture and its frame, a lock and a key, a violin and bows, etc.). The significance of each of these things is not the same: one is dependent on the other and cannot exist independently, while the other has an independent meaning.

The main things have a meaning of their own.

Affiliation a thing is considered that is intended to serve another, main thing and, as a rule, does not have an independent meaning.

The legal significance of such a division is that, according to the general rule, belonging 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 the buyer should be transferred without special remuneration and all the accessories of the main thing - a set of tools, a pump, a jack, etc., unless the parties agreed otherwise in the contract. Distinguish from accessories integral and spare parts of the main thing. The constituent parts of a thing are its parts that are structurally connected to it (an engine, for example, is not an accessory, but an integral part of a car). The thing must be transferred with all its constituent parts, unless otherwise specified 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. receipts of a biological or economic nature, obtained as a result of the use of a thing).

Fruit - products of the organic development of a thing, which 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 Is everything that is obtained as a result of the productive use of a thing.

Income these are monetary 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, including in-kind receipts from a thing, i.e. fruit.

The legal significance of this classification lies in the fact that the fruits, products and income belong to the person using the property on a legal basis (i.e. not only the owner, but also to any legal owner, for example, the tenant, the lessee of the thing), unless otherwise provided by law, other legal acts or an agreement on the use of property (Art. 136 GKRF). The owner of a fruitful thing, when transferring it for lease, should, if he wants to retain the right to extract fruits, specially stipulate this in the lease agreement.

An illegal owner who returns property to the owner during vindication is not entitled to withhold the fruits or incomes obtained during the period of illegal possession - they are returned with the thing, and if it is impossible to return them in kind, their value is reimbursed (Article 303 of the Civil Code of the Russian Federation).

9. Inanimate and inanimate things. The overwhelming majority of things involved in civil circulation are inanimate objects of the material world. Civil legal relations are also formed about living beings, which include domestic and wild animals... In general, in relation to animals, the general rules on property are applied (Article 137 of the Civil Code of the Russian Federation), unless otherwise provided by law or other legal acts. Cruelty to animals, contrary to the principles of humanity, is not allowed. For example, in accordance with Art. 241 of the Civil Code of the Russian Federation, pets can be forcibly redeemed from the owner, who treats them in clear 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 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 specifics, require independent consideration.

24. Money in the system of objects civil law. Money is a generic, divisible and replaceable thing. The borrower who has received a certain amount of money from the lender under the loan agreement does not return the same banknotes (with the same issue numbers), but any others, of any denomination, but in the same amount. The loss of the received banknotes, for example, in a fire or other circumstances, does not affect the obligation to promptly return the received debt, etc. If money loses the properties of a universal equivalent, then it loses its generic characteristics and can act as an object of law as individually determined things. Being things, certain generic characteristics, money can be individualized by recording the number of a separate banknote, and then it turns into things individually - defined. For example, banknotes are individualized when their numbers are indicated in the investigation protocol. Being an element of the numismatic collection, money loses the properties of divisibility and replaceability, and is subject to general rules on property. Money has a number of features:

    are a universal equivalent, they can replace, in principle, any other object of property relations that are of a reimbursable nature. Money is a universal means of payment. In other words, money can be used to pay off almost any property debt, if only there is no prohibition on this in the law or if the creditor does not object to it. 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);

    Legal tender in 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. Cash is issued 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 of its assets. Payments on the territory of the Russian Federation are made by cash and non-cash payments. For foreign currency, a special treatment regime has been established, determined by special regulatory legal acts;

    Money can be the subject of transactions (donation, loan, etc.)

Securities. In addition to their own money, other monetary documents participate 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 mandatory details, property rights, the exercise of which is possible only upon presentation.

      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.

      A security is a document. However, the Civil Code admits the existence without documentary securities, which are nothing more than a record on an account in a computer. All other securities rules cannot be applied to them, but only those that do not contradict the type of fixation. So, for example, you cannot sell a record on a computer account.

      A document is a security only if the requirements for the form and requisite are met. If they are distorted, insignificant violation, the document will not be valid.

      The exercise of the 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 are transferred.

Types of securities

    Bearer securities are written out without indicating the person who owns the right certified by paper. Therefore, any person who presents the original of the security can exercise these rights, regardless of where he got it from. Bearer securities are distinguished by increased defensive capability. Strictly speaking, money issued in the form of banknotes corresponds to the characteristics of a bearer security.

    Registered securities are written out in the name of a specific person who alone can exercise the right certified by a registered security. The rights certified by a registered security are transferred in accordance with the established procedure, i.e. with the observance of a large number of formalities, so that it is often easier for the holder of the security to carry out the order himself than to transfer it to another person. Therefore, such securities have a complicated turnover.

    Order securities are written out in the name of a certain person who can exercise the rights certified by the security himself, or appoint another entitled person with his order (order).

The transfer of rights certified by an order security is carried out using a transfer inscription (endorsement) made on the security.

Types of securities.

Bond (registered or bearer) - a security certifying a loan commitment. Its owner has the right to receive from the person who issued the bond, within the prescribed period, its par value, as well as a fixed percentage of the par value. Legal entities and government entities have the right to issue bonds.

Promotion a security belonging to a member of a joint-stock company and certifying the right to:

a) participation in the management of the joint-stock company (the right to vote);

b) receiving a dividend;

c) receipt of a part of the property remaining after the liquidation of the joint-stock company (for the liquidation quota).

Promotions can be registered and bearer. The owner of preferred shares does not have the right to vote at the general meeting of the joint stock company, but he is guaranteed a stable dividend, the amount of which does not depend on the amount of the joint stock company's profit.

Promissory note - a security that certifies an unconditional obligation to pay a certain amount to the owner of the bill (the holder of the bill) upon the maturity of the bill of exchange. A bill of exchange simple when the drawer is the person obligated to pay, or maybe transferable when the obligation to make payments lies with another person specified in the bill. A bill of exchange can be a registered (very rarely) and an order security. The holder of a bill of exchange may apply to the bank and transfer the bill of exchange to it in exchange for payment of the amount before the due date stipulated by the bill. The bank then presents the bill of exchange itself for payment upon maturity (“bill of exchange accounting”).

Receipt . A check is a security that contains an unconditional written order from the drawer to the bank to pay the amount indicated in it to the holder of the check.

At least three persons are involved in a check legal relationship: drawer- the person who wrote the check, check holder- the person entitled to receive funds by check, and the payer - a bank or other credit institution that has a license for banking operations. A prerequisite for the issuance of a check is the existence of an agreement between the drawer and the payer, according to which the latter undertakes to pay the drawer's checks at the expense of funds stored in his account or the amount specially deposited by the drawer. In pursuance of this agreement, the bank issues to the drawer a special checkbook (limited or unlimited) with a certain number of checks.

A check is a purely urgent security and must be paid by the payer, provided it is presented for payment within the time period established by law. Revocation of a check before the expiration of the term for its presentation is not allowed.

Checks can be registered and transferable. A personal check is not subject to transfer, the transfer of rights under a bill of exchange is made in the manner prescribed by Art. 146 GK.

The main act governing check circulation in the Russian Federation is currently the Civil Code of the Russian Federation (Section 5, Chapter 46), the provisions of which are developed in banking rules.

Certificates of deposit and savings certificates. These securities represent a written certificate of the bank on the deposit of funds, certifying the depositor's right to receive, after the expiration of the established period, the amount of the deposit and interest on it in any institution of the bank.

Depositors-organizations are issued certificates of deposit, depositing free funds of citizens in banks is formalized with the help of savings certificates.

Both types of certificates can be registered or to bearer, urgent or on demand. The circulation period for urgent certificates is limited to one year, unless otherwise specifically agreed by the issuing bank with the Central Bank of the Russian Federation. In case of early presentation of the urgent certificate for payment, the owner of the certificate is paid the amount of the deposit and interest at a reduced rate set by the bank when issuing the certificate.

The conditions for issuing and circulating certificates are determined by the Rulers for the issuance and execution of certificates of deposit and savings certificates, approved by the Central Bank of the Russian Federation on February 10, 1992.

Bearer bank passbook. This security confirms the deposit of the amount of money in the banking institution and satisfies the right of the owner of the booklet to receive it in accordance with the terms of the money deposit.

The owners of a bearer savings book can be both citizens of the Russian Federation and foreigners. The depositor's rights can be freely transferred to other persons by simply handing over the book.

Bill of lading. It is a document of title that certifies the right of its holder to dispose of the cargo specified in the bill of lading and receive the cargo after the completion of transportation.

The main area of ​​application of the bill of lading is the carriage of goods by sea, where a contract of carriage is concluded with its help. At the same time, the bill of lading is endowed with the properties of a security, which imposes an unconditional obligation on the carrier to deliver the goods to the bearer of the bill of lading. In particular, the carrier does not have the right to refer to mistakes made in the preparation of the bill of lading, and must fulfill the obligation in accordance with what is written in the bill of lading.

The bill of lading can be registered, order and bearer. When drawing up a bill of lading in several original copies of the delivery of goods on the first presented bill of lading, the remaining copies are terminated

Privatization securities. They are government securities of a whole purpose, which is used as a means of payment for the acquisition of objects of privatization.

An example of such a security is privatization checks (vouchers), which were received in 1992 by all citizens of the Russian Federation, regardless of age, income and length of permanent residence in the Russian Federation. The privatization checks issued in 1992 were bearer securities and could be freely sold and bought without limiting the quantity, without considering, however, their main significance.

25. Works and services as an object of civil rights. A person's actions can also be subject to civil rights. Moreover, they are expressed both in active behavior (for example, actions to transfer property, to provide services), and in passive, i.e. in refraining from performing certain actions.

Works and services - and a variety of actions aimed at achieving a certain useful result, which may be embodied in certain material objects (making things, decorating premises), or may not be embodied (for example, transporting passengers).

Intangible benefits as an object of civil law. Intangible benefits as objects of civil rights include life and health, personal dignity, personal integrity, honor and dignity, business reputation, privacy, personal family secrets, the right to free movement, place of stay and residence, the right to a name and authority. This list of intangible benefits is not exhaustive; a citizen may also own other intangible benefits.

Civil law regulates personal non-property relations due to the fact that they can be best protected precisely by means of civil - legal means, and also because violations of personal non-property rights are often associated with adverse property consequences (for example, the dissemination of information damaging honor, dignity and the business reputation of a citizen).

The object of civil rights is those rights that have an individual and personal orientation and are provided with civil legal remedies. Indeed, if civil law cannot protect a certain right, then its regulation within this industry loses all meaning.

Types of moral rights

      Personal non-property rights aimed at individualizing a citizen or legal entity: the right to a name, the right to protection of honor, dignity, good name, business reputation.

      Personal non-property rights are aimed at ensuring the personal inviolability of citizens: the right to life and health, personal inviolability, inviolability of appearance, personal image.

      Personal non-property rights aimed at ensuring the inviolability and secrecy of the private life of citizens: the right to personal, family, medical and other secrets, secrets of deposits in credit institutions, etc.

Protection of personal non-property rights

The rights themselves are exercised regardless of their violation. So, when disseminating information discrediting a citizen, the very right to the protection of honor and dignity is undoubtedly preserved.

Protection of personal pre-emptive rights is mainly carried out in ways that correspond to the nature and nature of personal pre-emptive rights and are not aimed at ruling the victim's property sphere (for example, publishing a refutation in the media). However, if property damage has been caused by violation of personal non-property rights, then the rules for indignation of property damage are applied.

The law allows compensation for moral damage, these cases must be provided for by law.

The results of creative activity. A large group of civil legal relations arises in connection with the creation and use of the results of creative activity - works of science, literature and art, inventions, computer programs, industrial designs, etc. These products of creative activity are objects of the so-called intellectual property. Intellectual property is a conditional collective concept that is used in a number of international conventions and in the legislation of many countries, including Russia. To designate a set of exclusive rights to the results of intellectual and, first of all, creative activity, as well as the means of individualization of legal entities, products, work and services (company name, trademark, service mark, etc.) equated to them according to the legal regime.

Under intellectual property in civil law is understood the exclusive right of a citizen or legal entity to the results of intellectual activity (works of art, literature, invention, industrial designs, etc.), as well as equated means of individualization of a legal entity, products, works and services performed (company name , trademark, service mark, etc.).

The results of creative activity, in contrast to things, are intangible blessings. Thus, the produced science, literature or art is a collection of new ideas, models, concepts; invention, utility model rationalization proposal - technical solutions to the problem; An industrial design is an artistic design solution for the appearance of a product, etc. But they become objects of civil legal relations only when they are clothed in some objective form that ensures their perception by other people. So, a literary work can be recorded in a manuscript, recorded on a magnetic tape, etc .; the invention can be expressed outwardly in the form of a drawing, diagram, model, etc.

The material medium of the creative result (manuscript, magnetic recording, drawing, etc.) acts as a thing and can be transferred to the ownership of other persons, can be destroyed, etc. But the very result of creative activity, being an intangible blessing, is retained by its creator and can be used by other persons only in agreement with him, with the exception of cases specified in the law.

Works of science, literature and art, the results of technical and other types of creativity, being, of course, the main component of the concept of "intellectual property", do not exhaust all of its content.

The latter also covers other results of intellectual activity, including those that are not of a creative nature. An example is many secrets of production ("know-how"), which, although they are often of great commercial value, are often not the results of creativity. The current Russian legislation does not recognize as the results of creativity also company names, trademarks and other means of individualization of legal entities, products, works and services. However, since the right of the owner of these objects, the law guarantees the exclusive right to their use, the legal regime of these objects is equated in a number of aspects to the regime of the results of intellectual activity and they are also included in the concept of intellectual property.

Things- these are objects of nature or the results of labor, these are exclusively bodily objects. The objects of civil rights can be only those things about which there are economic relations, namely, those things that are capable of satisfying any need of a person.

The legislation distinguishes the following legally significant classification.

1. According to the turnover ability of a thing, i.e. according to the level of the object's potential to be in civil circulation, the legislator subdivides things:

a) to objects that have free circulation in civil circulation. Most of these things;

b) objects with limited circulation. Restrictions relate to two aspects: narrowing the number, potential circle of owners of these things or disposing of them (for example, in relation to the right to use natural resources territorial waters, continental shelf and economic zone of the Russian Federation); the ability to use objects in circulation only with special permission (for example, in accordance with article 141 of the Civil Code of the Russian Federation, a special law determines the procedure for making transactions with currency values);

c) objects completely withdrawn from circulation (for example, different kinds weapons, nuclear energy, subsoil areas, etc.). The owner of the objects of this group is the state, in some cases - the constituent entities of the Russian Federation.

2. Another division of things - movable and immovable things.

Real estate includes land plots, subsoil plots, isolated water bodies and everything that is firmly connected with the earth, i.e. objects, the movement of which is impossible without disproportionate damage to their purpose, including forests, perennial plantings, buildings, structures. In addition, the legislator referred to immovable things "aircraft and sea vessels, vessels of inland water navigation, space objects subject to state registration" (Article 130 of the Civil Code of the Russian Federation). The presented list is not exhaustive, the law may provide for other objects that, according to the legal regime, will be classified as real estate. Real rights to immovable things, restrictions on these rights, their emergence, transfer and termination are subject to state registration in the Unified State Register by institutions of justice (clause 1 of article 131 of the Civil Code of the Russian Federation; the federal law dated June 17, 1997 "On state registration of rights to real estate and transactions with him "// SZ RF. 1997. N 30. Art. 3594).

All other things not classified by the legislator as real estate are recognized as movable property.

3. Property complexes are a special type of real estate. The property complex is a combination of various objects of civil law, which acts in civil circulation as one single whole (as a single object).

The legislator classifies an enterprise and a condominium as property complexes:

a) the term "enterprise" can have two meanings in the legal sense: to denote a property complex, i.e. act as an object of civil relations; indicate the subject of civil law. These are state and municipal unitary enterprises, a state-owned enterprise. An enterprise as an object of civil law is a property complex, which includes both movable and immovable things, property rights and obligations (debts), information (in particular, official and commercial secrets), intellectual property, including the rights to designations individualizing the enterprise, its products, works and services (company name, trademarks, service marks) (Article 132 of the Civil Code of the Russian Federation);

b) a condominium is a complex of real estate that includes land plot and a residential building located on it, in which individual residential premises are in the private (or public) ownership of specific owners, and the remaining parts are in their common shared ownership.

4. The following classification of things: individually defined and generic things. The main differences are:

a) an individually defined thing has exclusively its inherent characteristics (an individualizing category), which make it possible to distinguish it among other things. She is "one of a kind". Examples: painting, ticket, token, banknote and other things with identification numbers; real estate. Generic things are considered as one or another designated number of "things of the same kind"; things that have similar, identical features for practical use;

b) an individually defined thing is legally irreplaceable. Thus, in the event of the death (damage) of such a thing, the debtor can only compensate for losses (Articles 398, 416 of the Civil Code of the Russian Federation), since it is impossible to provide a similar thing (to fulfill the obligation in kind).

In turn, generic things are legally replaceable: the loss (loss) of some things allows you to replace them with similar, similar things.

The legal significance of this division lies in the fact that the subject of some transactions can only be things determined by generic characteristics (for example, in loan agreements for things), and in others, only individually-defined things (for example, contracts of lease, gratuitous use, storage, etc. .).

5. Depending on the possibility or impossibility of dividing a thing in kind without changing its original purpose, things can be: a) divisible, for example, cereals, flour, granulated sugar, etc .; b) indivisible, for example, a vehicle, a computer monitor, a one-room apartment, etc. (Article 133 of the Civil Code of the Russian Federation).

In addition, in accordance with Art. 134 of the Civil Code of the Russian Federation, complex things belong to indivisible things (in legal meaning). A complex thing is a set of dissimilar things that form a single whole, allowing them to be used as one thing for a common purpose. For example, complex things (which means they are legally indivisible) are enterprises such as property complexes, dining rooms or furniture sets, collections, sets, etc.

The legal significance of this division is manifested: firstly, in relation to the division of common property, i.e. property of two or more persons. In particular, if the thing is indivisible, then it is transferred to one of the co-owners, while the other co-owners are paid proportionate monetary compensation (Article 252 of the Civil Code of the Russian Federation); secondly, with regard to the nature of the responsibility (duty). If the subject of the obligation is indivisible, joint liability arises, in case of divisibility - shared liability (clause 1 of article 322 of the Civil Code of the Russian Federation).

6. Another legally significant classification is the division of things into: a) the main thing; b) affiliation; c) component part; d) spare part.

A thing intended to serve another, main thing, and connected with it by a general economic purpose, is called an accessory. Examples include a case for a video camera, outbuildings and sheds of a residential building, a picture frame, oars for a boat, etc. The legal significance of this classification is that belonging follows the fate of the main thing (Article 135 of the Civil Code of the Russian Federation).

If belonging is associated with the main thing with a general economic purpose, then the component part is structurally related to the main thing, therefore, without the main thing, the component part cannot fulfill its direct economic purpose (a similar rule can be attributed to the functioning of the main thing without the composite thing). Component examples: bicycle frame, headlights and automotive glass Vehicle etc. The spare part is intended for replacement in case of loss (breakdown) of a component part of the main thing. Examples: spare wheel of a motor vehicle, additional refill for a ballpoint pen, etc.

The legal significance of this classification: if the main thing must be transferred with all its constituent parts (article 479 of the Civil Code of the Russian Federation), then spare parts must be transferred only under a special or additional agreement on this.

7. Depending on the ability of a particular thing to keep its natural properties in the process of its operation for a relatively long time, things are divided into: a) consumed (for example, food, combustible materials, etc.); b) non-consumable (for example, production machines, mechanisms, equipment, structures, etc.). This classification affects the establishment of the legal regime of the thing, in particular, according to the terms, storage conditions, shelf life, service or use of the thing, etc.; the possibility of a consumable or non-consumable thing becomes the subject of a civil law agreement. For example, the subject of a lease agreement can only be a non-consumable, individually-defined thing (Article 607 of the Civil Code of the Russian Federation).

8. As a result of the use of certain things, new things may appear: fruits, products and income (Article 136 of the Civil Code of the Russian Federation).

Fruits are products of the organic (natural) development of a thing, for example, fruits of fruit trees, offspring of domestic animals, fresh milk, etc.

Products are items obtained as a result of the economic (technological) use of a thing.

Income is money or other material values ​​obtained as a result of the use of a thing in civil circulation, for example, interest on bank deposits, rent, funds from the sale of products, etc.

9. Animals are a separate type of things (in legal meaning). The legal significance of distinguishing this group of animate things consists in three main points: firstly, the law establishes that general rules on property apply to animals, which means that animals can become the subject of civil law transactions: purchase and sale, exchange, donation, will etc.; secondly, in the exercise of rights, cruelty to animals, contrary to the principles of humanity, is not allowed (Article 137 of the Civil Code of the Russian Federation); thirdly, the Civil Code of the Russian Federation provides for the possibility of repurchasing domestic animals in case of improper handling of them. The redemption price is determined by agreement of the parties, and in the event of a dispute - by the court (Article 241 of the Civil Code of the Russian Federation).

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