A: The omnipotence of ownership includes two aspects: positive power and negative power. According to the Property Law, the positive rights of ownership include possession, use, income and disposal.
Extended data:
First, what is the omnipotence of ownership?
The power of ownership includes two aspects: positive power and negative power.
(A) the positive power of ownership
The positive power of ownership refers to all kinds of behaviors that the owner can carry out on his possessions in order to realize his ownership. According to the Property Law, the positive rights of ownership are: possession, use, income and disposal.
1. owns
The so-called possession is the actual possession and control of the subject matter by the civil subject. Possession is first of all a state of fact. The owner can own the subject matter or give it to others for possession.
use
The so-called use refers to the use of things according to their properties and uses, without damaging their properties or changing their properties. The right to use can generally be exercised by the owner himself or by the non-owner himself.
3. Income
The so-called income refers to the income generated by collecting the subject matter, specifically, the fruits of collecting the property. Fruits are divided into legal fruits and natural fruits. The former refers to the interests obtained according to the legal relationship, such as bank interest and rent. The latter refers to fruits, animal products and other benefits collected according to the natural laws and properties of things. Usufructuary right is generally exercised by the owner, but in the category of natural fruits, if there are both the owner and the usufructuary right holder, the usufructuary right holder obtains natural fruits.
punish
The so-called punishment is the power to decide the de facto and legal fate of property, that is, the act of disposing of everything according to law. Punishment is divided into factual punishment and statutory punishment. The former is to change or eliminate the material form of things in production or life; The latter refers to changing the legal fate of the subject matter, that is, changing the ownership status of the subject matter. Legal sanctions include: transferring the ownership of the subject matter and creating usufructuary rights (including superficies and pawning rights, etc.). Set the subject matter for others, and set the security right of the subject matter for others (including mortgage and pledge). The legal punishment of the subject matter without the right of punishment is called unauthorized punishment, and the consequence is that the effect is to be determined.
(B) the negative power of ownership
The negative power of ownership refers to the right to exclude obstacles of ownership, that is, the right to exclude interference from others. It only manifests itself when others interfere, so it is called "negative force". Negative power includes the right to request the return of property, the right to remove obstacles, the right to restore the original state and the right to eliminate dangers.