Civil law. Parts I, III and IV. Civil legal methods of protecting property rights. Vindication and negatory claims (the most important)

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Civil law. Parts I, III and IV. Civil legal methods of protecting property rights. Vindication and negatory claims (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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50. CIVIL LEGAL WAYS TO PROTECT PROPERTY RIGHTS. VINDICATOR AND NEGATIVE CLAIMS

Civil law form of protection of property rights - a set of means provided for this by civil legislation.

Civil legal protection system:

1) property-law methods of protection (vindication and negatory claims);

2) legal obligations protection methods (protection methods based on the protection of the rights of participants in a civil transaction, as well as methods used to compensate for damage caused to the owner, return unjustifiably acquired or saved property by filing claims);

3) ways to protect the rights of the owner, arising from the general norms of civil law (lawsuits for the recognition of property rights); lawsuits against state authorities and administration; claims for invalidation of an act that violates the right of ownership; claims for wrongful termination of ownership, etc.

Vindication claim - a claim for the recovery of property by its owner from someone else's illegal possession; non-contractual (the parties to the dispute are not bound by an obligation regarding the disputed thing) demand of the non-possessing owner to the actual owner of the property for the return of the latter in kind.

Conditions for filing a vindication claim.

The subject of the claim is an individually defined thing, ancestral property must be individualized; the item claimed must not have been altered; the thing must be in the possession of another person. The plaintiff is not only the owner of the thing, but also its title owner; the plaintiff must prove his ownership of the claimed thing.

Defendant - the illegal owner who has the thing.

Conditions for satisfaction of a vindication claim: a thing can always be taken from someone else’s illegal, dishonest possession; an item may be confiscated in the following cases:

a) if the thing was acquired by a bona fide owner for compensation and at the same time left the owner’s possession against his will;

b) if the bona fide owner acquired the thing free of charge from a person who did not have the right to alienate it. Money and bearer securities cannot be withdrawn from a bona fide purchaser.

The owner of a thing in bad faith is obliged to return (compensate) to the owner all the income received by him during the time of using it, the owner in good faith - to compensate only those income that he received from the moment he learned about the illegality of his possession. The illegal possessor of a thing, who has incurred expenses for its improvement, has the right to demand compensation from the owner, irrespective of whether he or she is the possessor of the thing in good faith or in bad faith. A conscientious owner of a thing who has improved it has the right to retain such an improvement.

negatory lawsuit - this is a claim by the owner (title owner) of a thing with a demand to remove obstacles in the exercise of ownership rights, which, although not depriving the owner of possession of the thing, however, prevent him from exercising the powers of the owner of the thing.

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