Real and legal ways to protect property rights and other proprietary rights. The concept of property and legal means of protecting property rights. Features of property and legal methods of protecting property rights

Lawful means of protecting property rights and other proprietary rights are aimed at restoring the material situation of the subjects whose interests have been violated. These methods are guaranteed by law.

The concept of proprietary methods of protecting property rights

The norms define various options for restoring violated interests. In the case of direct infringement of property rights, for example, with illegal seizure, property theft, property-legal methods are used. They are aimed at protecting specific individual items. If the object of encroachment can not be returned or lost (destroyed), the entity can only rely on compensation for the damage that has arisen. In this case, not real-legal means of protecting property rights, but binding ones.

Specificity

The peculiarities of property-legal means of protecting property rights are conditioned by the absolute character of the legal possibilities that the injured person possesses. The methods considered are aimed at protecting the interests of the subjects from direct illegal influence on them by other citizens and organizations. Real and legal methods of protecting property rights are vindication and negator statements of claim. The first provides for the reclamation of an object from someone else's unlawful possession. Negative requirements are aimed at removing obstacles to the use of property not related to loss of ownership.

Controversial moments

The subject's proprietary right may be violated directly or indirectly. In the latter case, the situation is, as a rule, a consequence of non-compliance. For example, a subject who took an object from a legal owner (carrier, tenant, custodian, etc.) refuses to return it or transfers it back with defects (damages). In this case, legal instruments should be used to protect rights. These methods are specially provided for situations when the owner (the victim) is associated with the guilty contractual relationship. Accordingly, they have a relative character, and as an object can act any property. To the latter, besides directly tangible objects, all kinds of rights (non-cash funds or paperless papers) also apply. Meanwhile, in the example considered, there is a violation of the owner's property interest. In this regard, the injured subject may find himself in a difficult situation. Not everyone knows what tools can be used in this case: real-legal means of protecting property rights or obligations.

Legislation requirements

The norms do not provide for the possibility to select a claim and competition of claims is not allowed. In the domestic legislation it is clearly established that under contractual relations between subjects in case of violation of the rights of one of the participants, he can only use mandatory legal methods of defending his position. Real-legal means of protecting property rights in such cases do not apply. This is due to the fact that within the framework of contracts between subjects, not absolute, but relative relations are established. A proprietary and legal means of protecting property rights are effective only in the presence of the former. In this case, the object must be an individually defined object.

Claiming property

There are several rules pointing to property and legal means of protecting property rights. Article 302 in the Civil Code defines the procedure for returning the item from a bona fide purchaser. In accordance with the norm, if the material values were received on a reimbursable basis for a subject who was not competent to alienate them, which the buyer could not know and did not know, the rightful owner can demand them back. One of the conditions must be observed. The property must be:

1. Lost by the owner or the entity to whom it was transferred by the owner.
2. It's been stolen.
3. Eliminated from possession of the other way, in addition to the will of these persons.

If the material values were received free of charge from a subject who did not have the power to alienate them, the owner is entitled to expect a refund in all cases. Exceptions are set for bearer securities and money. This property can not be claimed from a bona fide purchaser.

Compensation for the return of wealth

Providing proprietary and legal ways to protect property rights, the Civil Code establishes the possibility of the victim to require the entity, who was or could have been aware of his unlawful possession, to recover the proceeds derived from the use of the subject matter of the dispute. A similar provision can be applied to a bona fide purchaser. The difference in the requirements is only that the victim can demand the return / compensation of the proceeds that the said subject has extracted or should have received from the moment when it became known that possession of it is not lawful, or when a notice of the claim was received.

In turn, purchasers of both categories are also endowed with certain legal capabilities. In particular, they may require the legal owner to compensate for the costs incurred during the period of use to ensure the safety of the property. A conscientious acquirer, in addition, may leave the improvements made to him for material values for himself if they can be separated from the subject of the dispute without violating its integrity. If this is not possible, the subject may require the owner to compensate for the costs of their implementation. However, their size should not exceed the amount of increase in property after improvements.

Non-commercial action

Real-legal means of protecting property rights and other proprietary rights can be applied by various entities. Above, cases concerning legal possession were considered. The norms provide for legal opportunities for other persons. For example, property and legal means of protecting property rights and other proprietary rights apply to operational management, lifelong inheritance, economic management and in other cases provided for by the contract or law. Negative requirements are not related to dispossession. They seek to remove obstacles in the use of material values. They, for example, can be expressed in the construction of buildings, blocking the access of light to the windows of the house.

Subjects

As the plaintiff is the title owner or another owner who possesses the thing, but experiences certain difficulties in using it. The defendant, on demand, is an offender who acts unlawfully and thereby creates obstacles that impede the operation of the object. In practice, there are situations when interference is caused by legitimate actions. For example, under the permission of the authorized bodies, a pipeline was laid near the house. In this case, the subject will have to reconcile with the situation or try to challenge the validity of the permit. However, the latter will not be possible with the help of a negatory statement of claim.

Object of Requirements

As it stands the elimination of a continuing unlawful state (violation) that persists at the time of filing a claim. This provision causes the absence of a long-term period for claims. A suit can be presented at any time while an offense takes place. If the unlawful state has been eliminated, the injured subject may demand compensation from the guilty party for the losses incurred.

The demand for the liberation of property from arrest

It should be noted that not all of the envisaged proprietary legal means for protecting property rights are directly regulated in the legislation. Decree of the Plenum No. 5 of 23.04.1985 clarifies certain issues that arise in practice when a demand is made for the release of material assets from arrest. Inclusion of property in the inventory implies a prohibition on disposal. This is allowed by procedural rules as an interim measure that guarantees the execution of a court decision, including at the stage of filing an action or a conviction order. In some cases, the inventory includes items that belong to others. Often, the requirement to lift arrest is made by the spouse in respect of his personal belongings or share in common law.

Defendants

The owner, whose property was included in the inventory by mistake, may file an action for the release of his valuables from arrest to the debtor (in respect of which an interim measure has been applied) and simultaneously to creditors in whose interests the procedure was carried out. If the event is related to the alleged confiscation, the defendant will be the person under investigation / convicted and the state represented by the authorized financial body.

Nuance

At its core, the claim considered above presupposes the recognition of ownership of property that was unlawfully subjected to arrest or inclusion in the inventory. Legislation does not exclude the possibility of presenting a claim by other persons. For example, a claim for removal of an arrest / deletion from an inventory is allowed in defense of the interests of persons who have the rights of operational control, inherited possession (life), economic management and some others. In this regard, this requirement is classified as special. It is a form of action aimed at the recognition of rights, in particular including.

The participants

As a plaintiff, a subject may be both possessing and not having an object of dispute (if the question of his return is not put) whose right is being challenged, is not recognized or denied by a third person who is not with the owner in binding or other relative relations concerning the thing . The titular owner of material assets can present a claim. The defendant is a third party who declares or does not claim its rights to the item, but does not recognize the legality of the plaintiff's possession.

The essence of the requirements

As the subject of the claim in the case examined, only the establishment of the fact of the ownership of ownership or other proprietary rights by the plaintiff will act. At the same time, it is not expected that the respondent will fulfill any obligations. The decision taken on the claim must eliminate the doubt that arose in the third person. Its purpose is also to ensure the confidence in the existence of the right, giving certainty to the relations between the subjects. The decision to recognize the rights also serves as a basis for the implementation of specific powers related to the disposal, possession and use of property.