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Property ownership refers to the owner's right to possess, use, benefit and dispose of his or her property in accordance with the law. A creditor's right is a relationship of specific rights and obligations between the parties in accordance with the agreement of the contract or in accordance with the provisions of the law.
Legal basis: Civil Code of the People's Republic of China
Article 110:Natural persons enjoy rights such as the rights to life, body, health, name, likeness, reputation, honor, privacy, and marital autonomy.
Legal persons and illegal organizations enjoy the right to name, reputation and honor.
Article 111: The personal information of natural persons is protected by law. Where any organization or individual needs to obtain the personal information of others, it shall obtain it in accordance with law and ensure the security of the information, and must not illegally collect, use, process, or transmit the personal information of others, and must not illegally buy, sell, provide, or disclose the personal information of others.
Article 112:The personal rights of natural persons born out of marriage, family relations, and other such births and limbs are protected by law.
Article 113:The property rights of civil entities are equally protected by law.
Article 114:Civil entities enjoy property rights in accordance with law.
Property right is the right holder to enjoy direct control and exclusive rights over specific things in accordance with the law, including ownership, usufruct rights and security rights.
Article 118:Civil entities enjoy creditor's rights in accordance with law.
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Civil rights refer to the scope of interests enjoyed by civil subjects and the will to perform certain acts or not to achieve certain interests by certain acts. Including: certain interests directly enjoyed by the right holder (such as personal rights) and benefits obtained through certain acts (such as property rights); The right holder himself or not to perform certain acts and to request others to do certain acts or not to perform certain acts, so as to ensure that he or she enjoys or realizes certain benefits; In the event of a violation of rights, it is possible to request protection from the relevant State authorities.
1. Rights are the scope of interests enjoyed by the subject of legal relations or the possibility of certain behaviors;
2. Rights are the possibility that the subject of rights requires others to perform certain acts or not to perform certain acts in order to realize their interests;
3. When the rights are infringed, the right subject may request the state organ to provide relief.
1. What is a civil right?
1. Based on the content of civil rights, civil rights can be divided into personal rights, property rights, intellectual property rights, and membership rights. Personal rights are rights that do not have direct property content but have personal attributes; Property rights are civil rights with property interests as the object; Intellectual property rights are the exclusive rights of the right holder to make exclusive use of intellectual achievements or commercial signs; The right to membership is the sum total of the rights enjoyed by members of a social group over the association based on their membership status.
2. According to the role of rights, civil rights can be divided into the right of control, the right of request, the right of defense, and the right of formation. The right of domination is the right to directly dominate the object of the right and exclude the interference of others; The right to request is the right to ask others to do or not to do something; The right to defend is the right to contest the claim; The right of formation is the right of the parties to change the legal relationship according to their own will.
3. According to the scope of the obligor whose rights can be asserted, civil rights can be divided into absolute rights and relative rights. Absolute right is a right that can be realized by the obligor without the obligor being uncertain and without the obligor carrying out certain active assistance acts; Relative right is a right that can only be realized by the obligor being a specific person, and the obligee must actively perform or not perform certain acts through the obligor.
4. According to the mutual relationship of rights, civil rights can be divided into main rights and infiltration and subordinate rights. The main right is the right that can exist independently of two interrelated civil rights; A subordinate right is a right that presupposes the existence of a principal right.
2. What are the characteristics of civil rights?
1) Equality. Every citizen, regardless of age, gender, ethnicity, religious belief, occupation, status, etc., enjoys equal civil rights;
2) Continuity. The civil rights of citizens are from birth to death, and the civil rights of legal persons are from their establishment to their extinction, and they enjoy legal civil rights from beginning to end;
3) Authenticity. Due to the strong material foundation of socialism in our country, the civil rights enjoyed by civil subjects can be guaranteed.
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1. Property rights and personal rights - this is a classification based on the different objects of rights.
2. The right to dominate, the right to claim, the right to defend, the right to form - this is a classification according to the different roles of rights. (1) The right of domination refers to the right to directly control the subject matter and exclude the interference of others. (2) The right to request refers to the right to request another person to do a certain act or not to do a certain act.
3) The right of defense refers to the right to resist the claim or the right to deny the rights of the other party, such as the right to defend against uneasiness. (4) The right of formation refers to the right of one of the parties to change the legal relationship by his or her own actions.
3. Absolute right and relative right - this is a classification based on the scope of obligors that the right holder can oppose. (1) Absolute right, also known as the right of the world, refers to the right that the obligor is uncertain and can be realized without the obligor carrying out certain active assistance acts. (2) Relative rights, also known as human rights, refer to the rights that can only be realized by the obligee and the obligor if they are specific persons, and the right holder must actively implement or not perform certain acts by the obligor.
4 Master and subordinate rights - This is a classification based on the interrelationship of rights. (1) The principal right refers to the right that can exist independently of two interrelated civil rights. (2) Subordinate rights refer to rights whose existence is premised on the existence of the principal right.
3) When the principal right is transferred or extinguished, the subordinate right is also transferred and extinguished.
5. Vested rights and expectancy rights - this is the classification of the clan according to whether the establishment requirements of civil rights are fully realized. (1) Vested rights refer to rights that have all the requirements for establishment and are actually enjoyed by the subject. (2) The right of expectation refers to the right that has not yet been fully met and may be realized in the future.
1. Civil rights have the following meanings:
1. Rights are the scope of interests enjoyed by the subject of legal relations or the possibility of certain behaviors;
2. Rights are the possibility that the subject of rights requires others to perform certain acts or not to perform certain acts in order to realize their interests;
3. When the rights are infringed, the right subject may request the state organ to provide relief.
2. Protection of civil rights.
The protection of civil rights refers to the remedial measures taken to ensure that rights are not infringed or to restore the infringed civil rights.
The protection of civil rights is divided into self-protection and state protection.
The self-protection of civil rights, also known as private remedies, refers to the right holders themselves taking various legal means to protect their rights. There are two main ways of self-protection: self-defense behavior and self-help behavior.
The conditions for the implementation of self-help are: first, it must be to protect one's own rights; second, the urgency of the situation is too late to request state protection; third, it must be in a manner permitted by law; Fourthly, it is necessary to request State protection immediately after the fact.