Table of contents (expand)
- The concept and principles of civil law. Subject and method of regulation
- Civil legislation and sources of civil law. Analogy of law, analogy of law
- Civil legal relations: concepts and types
- Legal capacity and capacity of a citizen. Restriction of legal capacity and recognition of a citizen as incompetent. Guardianship and trusteeship
- Location. Recognition of a citizen as missing and declaration of a citizen as dead
- The concept of a legal entity. Creation and termination of legal entities
- Classification of legal entities
- The concept and forms of business partnerships and companies
- Limited Liability and Additional Liability Companies
- The concept and types of joint-stock companies
- production cooperatives. Liquidation of production cooperatives
- Consumer cooperatives
- The procedure for writing off funds and satisfying creditors' claims upon liquidation of a legal entity
- State and municipal unitary enterprises
- Nonprofits
- Branches and representative offices of legal entities
- Objects of civil legal relations
- Money and securities as objects of civil rights. Types of securities
- Results of creative activity. information. Works. Services
- Intangible assets and their protection
- Concept, types and forms of transactions
- Conditions for the validity of transactions. Invalid transactions and their types
- Representation: concept and types. Power of attorney
- Terms: concept, calculus and types
- Limitation period: concept and types. The running of the statute of limitations
- Grounds for the emergence, change and termination of civil rights and obligations
- Protection of civil rights: concept, methods
- Property rights: concept, forms, types. Contents of property rights. Purchase methods. Termination of ownership
- Ownership of citizens and legal entities
- The right of state and municipal property
- Common property right: concept and types
- Real rights to land: concept and types. Real rights to own and use other people's land plots. easement
- Ways to protect the right of ownership and other property rights. Vindication and negator claims
- Contract: concept, content, types
- The procedure for concluding, amending and terminating the contract
- Obligations: concept, content, types and grounds for occurrence
- Fulfillment of obligations: concept, principles, parties, types
- Penalty and retention as ways to ensure the fulfillment of obligations
- Pledge as a way to secure an obligation
- Bank guarantee and guarantee as ways to ensure the fulfillment of obligations
- Civil liability: concept, forms, types
- Change and termination of obligations: concept, grounds, methods
33. WAYS OF PROTECTION OF THE RIGHT OF PROPERTY AND OTHER PROPERTY RIGHTS. VINDICATOR AND NEGATIVE CLAIMS
Property rights protection - a set of methods and methods provided for by law, with the help of which the protection of the violated property right is carried out, aimed at restoring and protecting the property interests of the owners of these rights.
К ways to protect There are two types of claims: rights of property and laws of obligations. Absolute protection, which is of a proprietary nature, comes into effect when property rights are directly violated. Protection of the law of obligations nature is applied when there is no contractual relationship between the violator and the owner.
The law provides for two proprietary protection methods: vindication claim of property from someone else's illegal possession and negative elimination of violations property rights that are not related to ownership.
In order to claim his property from someone else's illegal possession, the owner may present vindication action - a claim of a non-possessing owner against a person illegally possessing his thing, for the return of the thing and the income brought by it.
The subject of vindication can only be individually defined things, since the vindication claim is aimed at returning exactly the thing that the plaintiff had. When claiming property from bad faith possession, the owner has the right to demand from a person who knew or should have known about the illegality of his possession (bad faith owner), compensation for all income derived by this person for the entire time of possession of the thing; an unscrupulous owner shall return to the owner all income received by him from the use of the thing, starting from the time when he learned or should have learned about the unlawfulness of his possession or when he received a subpoena on the owner's claim for the return of property.
A vindication claim cannot be brought in case of destruction of property. The bona fide and unfair owners have the right to demand from the owner of the property compensation for the costs incurred by them on the property. When creating obstacles to the owner in the use and disposal of his property, he may file a negatory claim.
Claimant for negatory claim - the owner of the property, the defendant - a person who prevents the owner from exercising his powers in relation to the property.
A negative claim cannot be brought, if the actions of third parties preventing the owner from using or disposing of his property have been terminated. In this case, it is possible to file a claim for compensation for losses incurred by the owner as a result of the offense.
The law establishes the protection of the rights not only of the owner, but also of the title owner, to whom the thing does not belong by right of ownership.
Title holder - a person, although not the owner of the property, but owning the property on the basis of the right of lifetime inheritable possession, economic management, operational management, or on other grounds provided for by law or contract. The title owner, just like the owner of property, has the right to reclaim a thing from someone else's illegal possession, and also has the right to demand the elimination of obstacles that prevent him from using and disposing of property.
Author: Stepanova O.N.
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