How to classify things and legal regime for things

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1. Classify objects

Things in nature are very rich and diverse. Depending on their value, natural and social characteristics, and legal meaning in civil exchanges, people distinguish different types of things. In addition to the classification into real estate and movable property, the 2015 Civil Code also has the following classifications:

1.1. Yields and profits

Based on different grounds for the “natural increase” of property, Article 109 of the 2015 Civil Code divides things into yields and profits.

– Flowers are natural products with organic properties brought by property.

For example : Fruits from trees, eggs laid by poultry, babies born from mother cattle.

– Yield is the profit earned from exploiting the uses of assets. Usually, income is calculated into a certain dollar amount.

For example :Money earned from renting a house, interest earned from lending property.

1.2. Main and secondary objects

In terms of physics, these objects can be separated from each other, but in terms of value and economic significance, one object can only have value when accompanied by the other.

– The main object is an independent object that can exploit its uses according to its features.

For example :Television is the main object because its uses and features can be exploited independently.

– A secondary object is an object that directly serves the exploitation of the main object’s uses, is a part of the main object but can be separated from the main object.

Example : TV and video remote control; tools(tools) for car repair.

As a general rule, the main object and the auxiliary object are unified objects. If the parties have no other agreement, the auxiliary object must accompany the main object when performing the obligation to transfer the main object. However, the parties can agree otherwise, such as delivering only the main or auxiliary items. Of course, it cannot be considered an auxiliary object if it is itself a component part of the main object, such as a used tire of a car, but a spare tire for the vehicle can be considered an object. extra.

1.3. Divisible objects and indivisible objects

Divisible objects are objects that, when divided into small parts, each part retains its original properties and retains the usability of that object.

For example :Gasoline, oil, rice can be divided into many different parts but still maintain the same properties and uses.

Indivisible objects are objects that, when divided, do not retain their original properties and usability.

For example :Beds, wardrobes, watches, motorbikes, bicycles…

If indivisible objects are forced to be divided, they must be worth money to divide. The person who keeps the object must pay the other person an amount of money equivalent to their share.

In civil relations, the classification of divisible and indivisible objects is relative. The objects of civil relations in this case are indivisible objects, but in other cases they are divisible objects such as houses and land.

For example :when dividing an estate, if the house and residential land can be divided into two or more parts that both owners can use, then the house and residential land are divisible…

illustration. How to classify things and legal regime for things

1.4. Consumables and non-consumables

In terms of physics, every object is worn out (consumed) when used. In legal terms, consumable objects are objects that, after being used once, are lost or no longer retain their original shape, properties and features. It has lost weight or has transformed into another object in a different state.

For example :Film, cement, lime, sand, petroleum, foods…

Therefore, consumables cannot be the subject of a rental or loan contract.

Non-consumable objects are objects that, after being used many times, still basically retain their original properties, shape and usability.

For example :Houses, vehicles and machinery, other tools…

1.5. Objects of the same kind and specific objects

Objects of the same type are objects with the same shape, properties, and uses, and are often determined by units of measurement such as kilograms, meters, liters, etc.

For example : Petroleum of the same type, rice, cement of the same type from a factory…

Objects of the same type with the same quality can be substituted for each other. As a general rule, if an item of the same type is destroyed, it can be replaced with another item of the same type.

Characteristic objects are objects that can be distinguished from other objects by the unique characteristic signs of that object in terms of symbol, shape, color, material, characteristics, and location. In a definite object, one identifies a unique object (there is no second object) and a specified object. When a unique, specific object is destroyed, it cannot be replaced by another object, and the legal relationship of ownership with respect to that object also ends.

For example :An artist’s late painting, rare antiques…

An object is characterized when among objects of the same type, people separate it by signs created by humans.

For example :Mark objects with separate symbols, put rice in separate bags, and put food in separate utensils.

When performing the obligation to transfer a specific object, the exact object must be transferred.

1.6. Synchronous objects

Synchronous objects are a set of objects that only have complete value for full use, such as: Table and chair sets, postage stamp sets, painting sets, synchronized equipment… A set of objects that must be related to together into a whole, if one of the parts or parts is missing or there is a part or part that does not comply with the specifications, type or specifications, it cannot be used or the use value of that object is reduced. Synchronous objects can be objects that have “pairs” such as: A pair of shoes, a pair of sandals, a pair of gloves… As a general rule, a synchronized object is a unified object in civil transactions. Therefore, when performing the obligation to transfer a complete object, you must transfer all parts or components that make up the complete object. However, the parties can agree to transfer each item in that “set” ( For example: Transfer only one chair or only one table).

1.7. Property rights

According to the provisions of Article 105 and Article 115 of the 2015 Civil Code , property rights are also considered assets but have a specific nature. Only rights (claim rights) that are valued in money and belong to the types of property rights listed in the law are considered property rights. That is, it can become the subject of a specific civil contract.

In addition, energy is considered a special kind of thing. It has no shape and cannot be observed without specialized technical means. The possession and transfer of energy is carried out in a unique way. It is considered an object of the same type determined in kilowatts per hour and is the subject of electricity supply contracts.

2. Legal regime for objects

Based on the value and use value of objects for society in terms of economy, security and defense, the 2015 Civil Code stipulates how ownership rights arise, the order and principles of translation. transfer ownership of an object. The combination of legal regulations regulating the order and method of moving objects is called the legal regime of that object.

Based on the legal regime of objects, people divide objects into the following regimes: Objects prohibited from circulation, objects restricted from circulation, and objects freely circulated.

– Objects banned from circulation : These are objects and their great role in the national economy or security, national defense, national interests… The State prohibits trading , transfer, transfer… For example Objects are military weapons, military technical means, explosives, inflammables, toxins, radioactive substances, narcotics, etc. People who store, use, trade, and sell the above prohibited items may be prosecuted and tried according to crimes of infringing on national security as prescribed in Articles 95 and 96 of the Penal Code.

The above objects cannot be the subject of civil transactions of citizens or organizations. The circulation of these types of objects is decided by competent state agencies. That’s why each form of ownership has a different scope of objects.

In addition, it is also important to see that assets owned by the State as prescribed in Article 19 7 of the Civil Code such as: Land, water resources, mineral resources… are in principle prohibited assets from circulation. But in order to expand civil exchanges under market economy conditions, especially for special assets such as land, the Civil Code and Land Law allow people who are not owners to comply with certain conditions. Certain lawsuits may have some power over these types of assets.

– Objects restricted from circulation : Includes objects of different importance in the national economy, security, defense… so the law has its own regulations. The state must control the movement of such objects. These objects are not only owned by the State but can also be owned by agencies and citizen organizations. The transfer of ownership must necessarily comply with specific provisions of the law. In some cases, the consent or permission of a competent state agency is required for the contract to not be considered invalid. For example : Sports weapons, hunting guns, payment in foreign currency in large quantities…

– Free – flowing objects : These are remaining objects and there are no specific provisions of law that directly determine the movement of such objects. The law also does not specify transfer methods; if there is a transfer of these assets, there is no need to register or ask for permission. The 2015 Civil Code only has general regulations on conversion. These objects are mainly means of production and common living materials .

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