What are the legal characteristics of property ownership?

Property right has the following legal characteristics: property right is the right to dominate things, property right is the exclusive property right, property right is the right to the world, and property right is the absolute right.

The right subject of real right is specific, but the obligation subject is not. Real right is the exclusive right of people to directly control and manage things, and the subject of real right is always specific, while others other than the owner of real right have the obligation not to interfere in the exercise and realization of real right, which is not specific. Property right is a kind of right to the world and an absolute right.

Property right refers to the right holder's direct control and exclusive right to specific things according to law, including ownership and other property rights (usufructuary right and security right). In other words, it refers to the right of natural persons and legal persons to directly control real estate or movable property, including ownership, usufructuary right and security right. Real estate refers to land, buildings and other land attachments; Chattel refers to something other than real estate.

Principle of public property right

The principle of publicity of real right belongs to the mandatory rules of law, and the parties may not change it through contract. The compulsion of the principle of publicity is mainly reflected in the following aspects: First, if the law stipulates that the establishment and change of property rights must be publicized, it should be based on the law. Second, the way of publicity must be stipulated by law. The parties cannot change the way of legal publicity through the contract.

Third, the effectiveness of publicity must be legal. For example, whether registration is a constitutive element of real right or an antagonistic element must be stipulated by law. If registration is required according to law, the parties cannot stipulate in the contract that ownership transfer will occur without registration. Fourth, the legal consequences of violating the principle of openness must be stipulated by law.

The consequences of violating the principle of publicity are generally only the consequences of the failure to establish property rights, and do not affect the effectiveness of the contract. The Property Law stipulates in many places that the effect of property right will not occur without registration, which actually clarifies the legal effect of violation of publicity, and the parties cannot change this effect through contract.