Things defined by generic characteristics include. Consumable and non-consumable things

a thing that is distinguished by its own properties and characteristics. Classifying things as individually defined has a number of legal consequences. Thus, failure to fulfill the obligation to transfer I.-o. V. ownership, economic management, operational management or paid use gives the creditor the right to demand, at his choice, the confiscation of the thing in court from the debtor in his favor on the terms provided for by the obligation, or compensation for losses caused by non-fulfillment (Article 398 of the Civil Code of the Russian Federation).

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INDIVIDUALLY DEFINED THING

a thing that is distinguished by its inherent properties and characteristics, which make it possible to distinguish it from the general mass of other similar things. Since, as a general rule (in the absence of any indication otherwise in the legislation or in the contract), the acquirer’s right of ownership under the contract arises from the moment of transfer of the thing (Clause 1 of Article 223 of the Civil Code of the Russian Federation), the moment of individualization acquires the significance of a necessary condition for the emergence of the right of ownership of the property. -o.v. A special legal consequence of failure to fulfill the obligation to transfer the I.-o. V. ownership, economic management, operational management or paid use is the right of the creditor to demand, at his choice, the confiscation of a thing in court from the debtor in his favor on the terms provided for by the obligation, or compensation for losses caused by non-fulfillment (Article 398 of the Civil Code of the Russian Federation). Art. 252 of the Civil Code of the Russian Federation provides for an exception to the general provision on the division of property in shared ownership upon termination of a simple partnership agreement - the right of a partner to demand the return of the I.-o.v. contributed by him to the common property. subject to the interests of other partners and creditors.

1. Depending on the possibility of participation in civil circulation:

a) things admitted (permitted) for circulation (free for circulation), those. those that can be freely alienated, change the owner without any restrictions. These include the vast majority of things.

b) things limited in circulation, those. those that can be alienated only if certain conditions are met. The circle of persons who have the right to possess a thing may be limited; its possession may be made dependent on a special permit, etc. such things include weapons, aircraft, potent poisons, drugs, precious metals, explosives, historical and cultural monuments, etc.

c) things withdrawn from circulation, those that cannot be alienated and be the subject of civil transactions. They are objects of exclusive property of the state, which must be explicitly stated in the law (certain types of weapons, nuclear energy, subsoil of the earth, forests, water, continental shelf resources, state treasury, etc.).

Turnover is understood in Art. 129 of the Civil Code of the Russian Federation as the suitability of objects of civil rights for free alienation and transfer from one person to another in the order of universal succession or in another way.

2. Movable and immovable things:

a) immovable (real estate) - land plots, subsoil plots, isolated water bodies and everything that is firmly connected to the land (forests, perennial plantings, buildings, structures both above and below ground), that is, that which cannot be moved without disproportionate damage to their purpose. Without connection with land plots, immovable property loses its usual purpose and, accordingly, decreases in price. Thus, trees grown in special nurseries or houses intended for demolition are not considered real estate. In addition, real estate includes enterprises as property complexes used to carry out business activities.

The composition of an enterprise as a property complex includes all types of property intended for its activities, including land plots, buildings, structures, equipment, inventory, raw materials, products, rights of claim, debts, as well as rights to designation, individualizing the enterprise, its products, works and services (trade name, trademarks, service marks), other exclusive rights. The law classifies as real estate, due to their special significance, a number of objects that do not have the characteristics of immovable things - these are aircraft, sea and river vessels, spaceships, artificial satellites, which are subject to state registration.

Real estate has complicated negotiability, since any transactions for the disposal of real estate require state registration by justice institutions.

b) movable (movable property) - all other things not related to real estate.

3. Individually defined and generic things:

a) individually determined, those. those that differ from other similar things by specific, special, individual, that is, characteristics inherent only to them (a car, with a specific number). Being the object of a legal relationship, these things cannot be replaced - the parties have in mind a specific thing, defined by its inherent characteristics (style, color, number, etc.), allowing it to be distinguished from a number of other similar things.

Things that have not been distinguished from a number of similar things up to a certain point can be individualized through selection (for example, when buying them in a store) or in the process of using them. Individually defined things can, in principle, include any things that are somehow selected by the participants in the transaction from the mass of homogeneous things, for example, part of the potato harvest stored in a certain place; gas packed in a specific cylinder, etc. Among individually defined things, there are unique things that exist in a single copy (a specific painting by a specific artist; an antique vase).

b) generic, those. those that are determined by generic characteristics (number, weight, measure) and are in no way distinguished from a number of their own kind: grain, flour, chintz, etc. Generic items are replaceable. When entering into legal relations regarding such things, the parties mean the type of thing (a bag of potatoes, a ton of fuel oil, a thousand rubles), and not a specific thing.

Individually defined things are not legally interchangeable, i.e. In the event of the destruction of such a thing, one can only claim compensation for losses. In case of death, generic items can be replaced by other items of this kind. In addition, the subject of some contracts can only be generic things, while the subject of others can only be things defined by individual characteristics.

Generic items can be the subject of a loan agreement and cannot be the subject of a lease agreement. Under the conditions of the first, the same thing is subject to return (we will not return the same bills that we took), and under the conditions of the second, the same thing that was received. The object of supply agreements, contracting, and some others, as a rule, are also generic things. In contracts for property and housing lease, gratuitous use of property, contracts and some others, the object is always individualized.

4. Consumable and non-consumable things:

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, although worn out (depreciated) during use, retain their quality for a more or less long period of time (residential buildings, furniture, books, etc.).

These natural differences between things are taken into account when determining different types of civil contracts. The subject of some contracts is only consumable things, while a number of other contracts are non-consumable. Thus, the object of a loan agreement can only be a consumed item, since it assumes that the item transferred under the agreement will be consumed by the borrower, who is obliged to return the item of the same kind and quality (Article 807 of the Civil Code of the Russian Federation).

On the contrary, in a lease agreement or an agreement for the gratuitous use of property, the object is always a non-consumable thing that must be returned to the lessor (lender); deliveries, exchanges, donations, storage can be concluded under an agreement of both consumable and non-consumable things.

5. Based on divisibility:

a) divisible things, those. those that can be divided in kind into separate parts without compromising their purpose (food, fuel, materials, etc.). A residential building, subject to the assignment to each of the owners of a specific residential premises, 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 when dividing property in common ownership, inheritance, and fulfilling an obligation in parts. Indivisible things are either transferred to one of the owners with the provision of monetary compensation to the other, or they are sold, and the proceeds from the sale are divided between the owners (Article 252 of the Civil Code of the Russian Federation). Depending on the divisibility or indivisibility of a thing, the shared or joint nature of the obligation arising in connection with the thing is determined (Article 322 of the Civil Code of the Russian Federation).

6. Complex (aggregate) things, those. those that represent a complex of homogeneous or heterogeneous objects that form a single whole and are used for a single purpose (furniture set, table service, special library, collection, etc.). Collective items include all paired items - shoes, gloves, skis, etc. Complex things, as a general rule, are considered indivisible.

A transaction concluded regarding a complex thing applies to all its components (Part 2 of Article 134 of the Civil Code of the Russian Federation). It should be borne in mind, however, that this is only a general rule. Participants in a particular transaction can, in principle, consider any aggregate thing as divisible. The exception is the case when a collective thing is especially 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 accessory - these are things that are not physically connected with 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 a bow, 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 independent significance.

Main things have their own meaning.

Belonging a thing is considered to be intended to serve another, main thing and, as a rule, does not have independent meaning.

The legal significance of this division is that, as a general rule, ownership follows the fate of the main thing, unless otherwise established by the contract (Article 135 of the Civil Code of the Russian Federation). If, for example, a car is purchased, then all accessories of the main item - a set of tools, a pump, a jack, etc. - must be transferred to the buyer without any special remuneration, unless the parties stipulate otherwise in the contract.

To be distinguished from accessories composite and spare parts of the main thing. The components of a thing are those parts of it 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 components, unless otherwise specified in the contract. Spare parts are intended to replace failed parts of the main item, 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 resulting from the use of a thing).

Fruit- products of the organic development of a thing, separated from it as new things without significantly changing it and serving 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- this is everything that is obtained as a result of the productive use of a thing.

Income - these are cash and other receipts from an item 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 used in a broader sense, covering in-kind receipts from a thing, i.e. fruit.

The legal significance of this classification is that the fruits, products and income belong to the person using the property legally (i.e. not only the owner, but also any legal owner, for example, an employer, lessee of a thing), unless otherwise provided by law, other legal acts or an agreement on the use of property (Article 136 of the Civil Code of the Russian Federation). The owner of a fruit-bearing thing, when transferring it for lease, should, if he wants to retain the right to extract the fruit, specifically stipulate this in the lease agreement.

An illegal owner who returns property to the owner during vindication does not have the right to retain the fruits or income extracted during the period of illegal possession - they are returned along 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. Animate and inanimate things.

The overwhelming majority of things involved in civil circulation refer to inanimate objects of the material world. Civil legal relations also develop regarding living creatures, which include domestic and wild animals. In general, the general rules on property apply to animals (Article 137 of the Civil Code of the Russian Federation), unless otherwise provided by law or other legal acts. Cruelty to animals that is contrary to the principles of humanity is not permitted.

For example, in accordance with Art. 241 of the Civil Code of the Russian Federation, pets can be forcibly purchased from an owner who treats them in clear contradiction with the rules established by law and the norms of humane treatment of animals accepted in society. Sometimes, when deciding the issue of ownership of animals, their attachment to the persons applying for their ownership is taken into account (Article 231 of the Civil Code of the Russian Federation).

A special type of thing is money and securities, which, due to their inherent specificity, require independent consideration.

Money in the system of civil law objects.

Money is a generic, divisible and replaceable thing. The borrower, who has received a certain amount of money from the lender under a loan agreement, returns not the same banknotes (with the same issue numbers), but any others, of any denomination, but in the same amount. The destruction of received banknotes, for example, in a fire or other circumstances, does not affect the obligation to repay the received debt in a timely manner, 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 defined things. Being things defined by generic characteristics, money can be individualized by recording the number of a separate banknote and then turns into individually defined things. For example, banknotes are individualized when their numbers are indicated in the investigative protocol. Acting as an element of a numismatic collection, money loses the properties of divisibility and fungibility, and is subject to general rules about property.

Money has a number of features:

1) are a universal equivalent and can, in principle, replace any other object of property relations that are of a reimbursable nature. Money is a universal means of payment. In other words, money can pay off almost any property debt, unless this is prohibited by law or unless the creditor objects to it. Having 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);

2) Legal tender in the 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 issuance is carried out 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 its assets. Payments on the territory of the Russian Federation are made by cash and non-cash payments. A special circulation regime is established for foreign currency, determined by special regulations;

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

Securities.

In addition to your 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.

1. A security certifies a certain property right, for example, the right to receive a sum of money, property, or the right to manage the affairs of a joint-stock company.

2. A security is a document. However, the Civil Code allows the existence of non-documentary securities, which are nothing more than an entry in a computer account. All other securities rules cannot be applied to them, but only those that do not contradict the type of fixation. For example, you cannot sell an entry on a computer account.

3. A document is a security only if the requirements for form and details are met. If they are distorted or slightly violated, the document will not be valid.

4. The exercise of 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 rights certified by it are transferred in the aggregate.

Individually defined are things that have special, inherent characteristics that allow them to be distinguished from other things. Such things include, first of all, one-of-a-kind, unique things (for example, an original painting), as well as things that are not unique, but are distinguished from a group of similar ones in various ways, in particular, by applying special designations, registration, selection and etc.

Generic things are characterized by characteristics common to all things of a given genus. The way to determine them is to establish the number, weight, measure (20 liters of gasoline, 4 kg of apples). The subject of some agreements can only be individually defined things (a property lease agreement), others - only generic things (a loan agreement).

The legal significance of dividing things into individually defined and defined by generic characteristics is that individually defined things are irreplaceable, things determined by generic characteristics are replaceable.

The Civil Code identifies as a special object animals(Article 137 of the Civil Code). As a general rule, general property rules apply to animals, but legislation establishes special rules to ensure humane treatment of animals. According to paragraph 2 of Article 137 of the Civil Code, when a subject exercises his rights, a ban on cruelty to animals is established. Articles 231-232 of the Civil Code provide for measures to protect stray animals, and Art. 242 of the Civil Code establishes the possibility of forced purchase of a pet if it is treated improperly.

Things defined by generic characteristics and individually defined things

Immovable things are always individually defined, as well as unique, one-of-a-kind things. Things determined by measure, weight, number are generic.

The line between individually defined and generic things is not immutable, established once and for all. The status of a thing as individually defined or generic largely depends on the subject of which relationships it acts. The subjects of these relations can, by their own will, individualize a thing, distinguishing it from the generic ones, for example, if it is necessary to make a transaction with it. Thus, Volga cars are generic items, and a Volga car with a specific number and body color purchased by a person is an individually defined item. The buyer can select the part he needs from the entire volume of grain available to the seller and place it in a specific package (bags, boxes) in order to purchase exactly the selected grain; such a grain can be called an individually defined thing. An individually defined thing in a particular transaction can act as a thing determined by generic characteristics. For example, the principal may instruct the agent to purchase for him a specific car indicated by him (an individually defined item), or perhaps any of the cars that meet a certain set of characteristics (a generic item).

The legal significance of the difference between individually defined and generic things is that individually defined things are irreplaceable: their destruction terminates the debtor’s obligation to transfer things to the creditor due to the impossibility of fulfillment. The death of a ancestral thing does not terminate the obligation: based on a principle rooted in Roman law, “the gens cannot perish”; In this case, the same number of things of the same kind and quality is subject to transfer. If the subject of the transaction is a generic thing, then regardless of which of the existing set of things is transferred under this transaction, the obligation will be considered properly fulfilled. If the subject of the obligation is an individually defined thing, the transfer of this particular thing will be recognized as its proper fulfillment. Only individual things can be demanded in kind from the obligated person through a claim based on an obligation or a proprietary (vindication) claim.

Consumable and non-consumable things. Divisible and indivisible things

Consumable and non-consumable things - this division is also conditional. “Eternal” things practically do not exist, so it must be borne in mind that this difference is solely of a legal nature.

Consumed items during operation (usually single use) completely lose their consumer properties - they are destroyed or transformed into a qualitatively different item. For example, food products are destroyed (cease to exist) in the process of consumption; During the construction of a house, building materials and fertilizers, after being applied to the soil, lose their independent existence and become part of the house, part of the soil. Non-consumable things retain their consumer properties for a long time and lose them gradually (depreciate). Non-consumable things include all real estate, as well as many movable things: a car, furniture, a telephone, a computer, etc.

Classifying things as consumable or non-consumable predetermines the possibility of them being the subject of certain relationships. The subject of a loan agreement can only be generic consumable things (Article 807 of the Civil Code of the Russian Federation), while the subject of a lease agreement can be individually defined non-consumable things (Articles 607, 689 of the Civil Code of the Russian Federation). Thus, the firewood lease agreement was declared invalid, since firewood is a consumable item.

As objects of the material world, things are divisible in the physical sense. However, in civil law the classification of things is legal, i.e. determines the legal regime of things, and does not reveal their natural properties.

Divisible is a thing that can be divided into parts capable of being used for the same purpose as the original thing. An indivisible thing is one that cannot be divided into independent parts without losing its purpose. For example, a piano, a washing machine, a calculator, of course, can be disassembled into parts, but their purpose will be lost - the parts cannot be used for the same purposes for which whole things were used.

Complex things are considered legally indivisible. A complex thing is a thing formed from heterogeneous things that involve their use for a general purpose (Article 134 of the Civil Code of the Russian Federation). Examples are a furniture or jewelry set, a service. Since a complex thing is indivisible from a legal point of view, a transaction made regarding a complex thing, as a rule, applies to all its component parts. Transferring a set of upholstered furniture for use means that all the items included in this set (chairs, sofas) are transferred to the user. The obligation to transfer a complex item will be considered fulfilled only from the moment of transfer of the last item included in its composition.

Immovable things are always individually defined, as well as unique things, one of a kind (for example, M. Vrubel’s painting “The Swan Princess”, A. Rublev’s icon “Trinity”, M. Antokolsky’s sculpture “Ivan the Terrible”). Things determined by measure, weight, number are generic.

1 See: art. 70 Land Code; Federal Law of January 2, 2000 “On the State Land Cadastre” // SZ RF. 2000. No. 2. Art. 149.

2 Decree of the Government of the Russian Federation of August 12, 1994 “On state registration of motor vehicles and other types of self-propelled equipment on the territory of the Russian Federation” // SZ RF. 1994. No. 17. Art. 1999.

purchase exactly the selected grain; such a grain can be called an individually defined thing. An individually defined thing in a particular transaction can act as a thing determined by generic characteristics. For example, the principal may instruct the agent to purchase for him a specific car indicated by him (an individually defined item), or perhaps any of the cars that meet a certain set of characteristics (a generic item).

The legal significance of the difference between individually defined and generic things is that individually defined things are irreplaceable: their destruction terminates the debtor’s obligation to transfer things to the creditor due to the impossibility of fulfillment. The death of a ancestral thing does not terminate the obligation: based on a principle rooted in Roman law, “the gens cannot perish”; In this case, the same number of things of the same kind and quality is subject to transfer. If the subject of the transaction is a generic thing, then regardless of which of the existing set of things is transferred under this transaction, the obligation will be considered properly fulfilled. If the subject of the obligation is an individually defined thing, the transfer of this particular thing will be recognized as its proper fulfillment. Only individual things can be demanded from the obligated person in kind through a claim based on an obligation or a proprietary (vindication) claim.