What is the difference and connection between absolute power and domination

Difference Between Absolute Power and Domination:

First, the classification criteria are different.

Absolute rights are classified according to the scope of validity of civil rights.

The right of domination is a classification of civil rights based on the role of civil rights.

Second, the connotation is different.

The right of domination, also known as the "right of possession", refers to the right enjoyed by the subject of rights to directly manage and control the object of rights. Such as ownership, intellectual property, etc. With strong exclusivity, the right holder can exclude others from exercising the same rights as himself, and may prohibit others from illegally hindering his or her own exercise of control over its subject matter.

Absolute right refers to the civil rights of all persons except the right holder who are obligors. Such as property ownership, personality rights, etc.

Third, the characteristics are different.

Dominance is characterized by exclusivity, exclusion of others and prohibition of others; Absolute rights are in the world, and everyone except the owner is obligor.

The connection between absolute power and dominance:

1. The object is specific, that is, the property and personal interests of the specific. In particular, in the case of property interests, the object of the right of domination must be specific in order to have exclusive effect on the particular property. The right holder can directly control the object to meet its own needs, and the right holder has the right to prohibit others from obstructing its control of the object.

In general, there must be no dual conflicting dominance over the same object of rights.

2. The subject of rights is specific, while the subject of obligations is not specific. Referring to the right of disposition with property as the object, Medicus pointed out that "the right holder may use the property at his disposal permanently or temporarily. At the same time, other persons are excluded from the right of use to ensure that third parties cannot cause damage to the possibility of the right holder's disposal.

3. The realization of the right of domination does not require the active action of the obligor, and the right of domination does not require the intervention of the obligor to realize the rights of the obligee, but the obligor shall not carry out acts that hinder the realization of the right of domination. In other words, the exercise and realization of the right of domination are direct and can be realized through the direct exercise of the right holder, without the intervention of external forces.

However, the obligor must not carry out acts that hinder the exercise of the rights of the right holder in order to realize the right of control. In most cases, the exercise of the right of dominance is a de facto act, and the exercise of the right of dominance is rarely exercised through a legal act. For example, if the owner controls his property by possessing or using it, his act of possession or use of the thing is a de facto act.

Encyclopedia - Domination.

Encyclopedia - Absolute right.

In the 2021 Civil Code, the right to domination is defined, also known as absolute right and hereditary right. It refers to the right of the right holder to directly control the object of the right and obtain the right to control the benefits, such as personality rights, property rights, intellectual property rights, and inheritance rights.

There are three characteristics of the right of domination: First, the right of domination is not specific to the corresponding obligor, including all persons other than the person in charge. The obligations that these unspecified obligors must bear to me (the person in control) are negative obligations. (This thing is mine, don't touch any of you).

Second, the realization of payment and allocation rights does not require the assistance or cooperation of the obligor (all obligors other than me can undertake the obligation not to infringe on me, and the realization of my rights does not need your help, I can realize it by myself and have autonomy).

Third, the right to dominate is exclusive (I have this thing, you can't use it, since I have the right to possess it, I can exclude you).

Legal analysis: absolute rights are mainly the right to life, the right to health, the right to name, the right to reputation, the right to honor, the right to portrait, the right to privacy, the right to autonomy of marriage and marriage, the right of guardianship, ownership, usufructuary rights, security rights, copyrights, patent rights, the right to use trademarks, the right of discovery, equity, inheritance and other personal and property rights and interests.

Legal basis: Article 110 of the Civil Code of the People's Republic of China Natural persons enjoy rights such as the right to life, the right to body, the right to health, the right to name, the right to portrait, the right to reputation, the right to honor, the right to privacy, and the right to marital autonomy. Legal persons and unincorporated organizations enjoy the right to name, the right to reputation, and the right to honor.

Legal Analysis: The essence of the right of domination lies in the autonomy of will, including: property rights, personal rights and intellectual property rights - all three of which are absolute rights, or rights to the world.

The legal basis is boring:

Article 255 of the Civil Code of the People's Republic of China State organs enjoy the right to possess, use and dispose of the immovable and movable property directly controlled by the Maochun clan in accordance with the law and the relevant provisions of the law.

The essence of the right of domination lies in the autonomy of will, including: the right to change or the right to the right of things, the right of the person and the right of intellectual property - all three of which are absolute rights, or rights to the world.

Legal basis: Article 255 of the Civil Code of the People's Republic of China Qixuntan State organs enjoy the right to occupy, use and dispose of the immovable and movable property under their direct control.

Ownership is absolute.

Absolute power is also called the right to the world. That is, the subject of rights is specific, but the subject of obligations is not specific. That is, the obligation is directed to all people. That is, all people have the obligation to ensure that they act or do not act to protect the rights of those in power.

Article 241:The owner has the right to create a usufructuary right and a security interest in his immovable or movable property. The exercise of rights by the usufructuary right holder or security right holder shall not harm the rights and interests of the owner.

1. Original acquisition and subsequent acquisition of ownership.

The so-called original acquisition refers to the acquisition of ownership of property in accordance with the law or the acquisition of ownership of property without relying on the will of the original owner. Original acquisition includes labor production and income, expropriation, bona fide acquisition, and attachment. The so-called successive acquisition, also known as cascading acquisition, refers to the acquisition of ownership of a certain property from the original owner through a certain legal act.

The differences between original acquisition and subsequent acquisition are as follows:

First, whether it is based on the will of the original right holder. In the case of the original acquisition, the right holder does not acquire the relevant property rights based on the will of the original rights holders, but may be based on its own labor, or obtain the property rights of Xiangmao Cong Land Customs from non-right holders. On the other hand, the acquisition of the relevant real right is that the right holder obtains the relevant real right from the original right holder, and the right holder obtains the relevant real right based on the will and will of the original right holder.

Second, the reasons for the right holder to obtain the property right are different. As far as the original acquisition is concerned, the acquisition of the real right by the right holder is based on the provisions of the law, and it is a change in the real right that occurs not based on a legal act, such as the acquisition of the real right based on the labor of the right holder, or based on the legal reasons such as attachment; In the case of cascading acquisition, the acquisition of the real right by the right holder is based on a legal act, which is usually based on the legal act between the right holder and the original right holder (such as a sales contract, a gift contract, etc.).

Thirdly, there are differences in whether the right holder needs to bear the encumbrances on the property when it acquires the relevant property. In the case of the original acquisition, the right holder does not need to bear the existing property burdens, such as mortgage rights, after obtaining the relevant property rights; In the case of a transfer acquisition, the right holder is aware of the encumbrances on the property when it acquires the property, and it should bear the encumbrances on the property.

2. What is ownership?

Ownership refers to the right of possession, use, income and disposal of one's property enjoyed by the owner in accordance with the law, and it is the most important form of property right. Ownership is the most important property right and property right, which is the premise of the transaction and the result of the transaction.

What is absolute power

Absolute right, also known as hereditary right, refers to the right of any person whose effect extends to all persons, that is, the obligor is not a specific person. Its obligor is not a specific person, i.e., any person has an obligation not to prejudice the right holder to realize his rights. The main feature of absolute right is that the right holder can claim rights from anyone, and the right holder can realize its rights without resorting to the acts of the obligor.

The subject of absolute rights generally does not have to act through the obligor to realize his rights. All kinds of personality rights, intellectual property rights, inheritance rights, ownership rights and other property rights are absolute rights.

The first is the positive aspect, that is, the control of a specific property or interest without the intervention of others;

The second is the negative aspect, that is, the right holder has the right to prohibit others from obstructing its control of the subject matter, which is of an exclusive nature.

Among the civil rights, property rights are the most typical right of domination, and other property rights, intellectual property rights, and personal rights also belong to the right of domination.

The right to claim is the right of the right holder to ask others to do a specific act.

Different from the right of domination, the claimant can only make a claim against the obligor, but may not directly dispose of the obligor's property or other interests. Claims arising from claims are the most typical claims. Other claims are mostly based on the infringement of certain rights, such as claims arising from the infringement of property rights (in rem claims), claims arising from infringement of intellectual property rights (claims in intellectual property rights), etc.

The right to request is the right of the right holder to ask others to bring specific actions to the talks.

The right of formation is the right to occur, change or extinguish certain rights and obligations only by virtue of the intention of the right holder. The exercise of the right of formation can make certain rights and obligations occur (if the legal person exercises the right of recognition of the act carried out by the person with limited capacity, the act can be made valid; The exercise of the right of retrospective recognition of the act without the right can make the act without the right to become effective and effective, etc.), and can also change the relationship of certain rights and obligations (for example, in the debt of choice, the party with the right of choice exercises the right of choice, which can make the debt of choice become a specific debt), and can also extinguish certain rights and obligations (such as the exercise of the right of set-off, the debt to be treated can be extinguished; The exercise of the right to terminate the contract may extinguish the contractual relationship, etc.).

Right to Defense. The right of defense is the right to refuse the counterparty's request for payment, that is, the right to oppose the claim. For example, in a contractual relationship, a party that should perform its obligations later may refuse the other party's request for performance of its obligations if the other party fails to perform its contractual obligations when due.

The right of defense mainly includes the right to perform the defense at the same time, the right to perform the defense first, the right to defend against uneasiness, and the right to defend first.