Legal and proprietary methods of protecting property rights and other property rights are aimed at restoring the material situation of entities 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 case of direct infringement of property rights, for example, during illegal seizure, theft of property, proprietary legal methods are used. They are aimed at the protection of specific individually defined objects. If it is impossible to return the object of encroachment or its loss (destruction), the subject can only rely on compensation for the damage that has occurred. In this case, not proprietary methods of protecting property rights, but obligatory ones.
Specificity
Peculiarities of proprietary legal methods of protecting property rights are determined by the absolute nature of the legal opportunities that the injured person has. The methods under consideration are aimed at protecting the interests of subjects from direct unlawful influence on them by other citizens and organizations. The legal and legal methods of protecting property rights are vindication and negative claims. The first provides for the recovery of an object from another's unlawful possession. Negative requirements are aimed at removing obstacles to the use of property not related to the loss of ownership.
Controversial issues
The property law of an entity may be violated directly or indirectly. In the latter case, the situation is usually the result of non-compliance with obligations. For example, an entity that has accepted an item from its legal owner (carrier, tenant, custodian, etc.) refuses to return it or transfers it back with defects (damage). In this case, legal instruments must be used to protect rights. These methods are specifically provided for situations where the owner (the victim) is associated with the perpetrator of the contractual relationship. Accordingly, they have a relative character, and any property can act as an object. The latter, in addition to directly tangible objects, includes various kinds of rights (non-cash funds or paperless papers). Meanwhile, in the considered example, there is a violation of the property interest of the owner. In this regard, the affected subject may be in a difficult situation. Not everyone knows what tools can be used in this case: proprietary methods of protecting property rights or mandatory ones.
Legal requirements
The norms do not provide for the opportunity to choose a claim and competition of claims is not allowed. Domestic legislation clearly established that in case of contractual relations between entities in case of violation of the rights of one of the participants, he can use only binding legal methods to defend his position. Proprietary legal methods of protecting property rights in such cases are not applied. This is due to the fact that, within the framework of agreements between subjects, not absolute, but relative relations are established. A proprietary legal methods of protecting property rights are valid only if the first. In this case, the object must be an individually defined subject.
Property Claim
There are several rules that indicate proprietary methods of protecting property rights. Article 302 in the Civil Code defines the procedure for returning an item from a bona fide purchaser. In accordance with the norm, if material values were received on a reimbursable basis from an entity that was not authorized to alienate them, which the buyer could not and did not know about, then the legal owner can demand them back. In this case, one of the conditions must be observed. The property must be:
- Lost by the owner or entity to which it was transferred by the owner.
- Stolen.
- Out of possession by other means, in addition to the will of these persons.
If material assets were received free of charge from an entity that did not have the authority to alienate them, the owner has the right to expect a refund in all cases. Exceptions are set for bearer securities and money. This property cannot be claimed from a bona fide purchaser.
Compensation for the return of wealth
Providing proprietary legal methods of protecting property rights, the Civil Code establishes the possibility of the victim to demand from the subject who was or could be aware of his illegal possession, compensation for income derived from the use of the subject of the dispute. A similar provision may apply to a bona fide purchaser. The difference in the requirements consists only in the fact that the victim can demand the return / compensation of the income that the specified entity extracted or should have received from the moment when it became known that his possession was unlawful, or when he received notification of the claim.
In turn, the acquirers of both categories are also endowed with certain legal capabilities. In particular, they may require from the rightful owner compensation for costs incurred during use to ensure the safety of property. A bona fide purchaser, in addition, may leave the improvements in material values made by him to himself if they can be separated from the subject of the dispute without violating its integrity. If this is not possible, the entity may demand compensation from the owner for the costs of their implementation. However, their size should not exceed the amount of increase in property after improvements.
Negative lawsuit
Proprietary legal methods of protecting property rights and other property rights can be applied by various entities. The cases concerning legal ownership were examined above. The rules provide legal opportunities for other persons. For example, proprietary legal methods of protecting property rights and other property rights are used in operational management, inherited lifetime possession, economic management, and in other cases stipulated by an agreement or law. Negative claims are not related to dispossession. They aim to remove obstacles in the use of wealth. They, for example, can be expressed in the construction of buildings that block the access of light to the windows of the house.
Subjects
The plaintiff is the title owner or other owner who owns the thing, but is experiencing certain difficulties in use. Defendant on demand - an offender acting illegally and thereby creating obstacles that impede the operation of the subject. In practice, there are situations when interference arose as a result of legal actions. For example, with the permission of the authorized bodies, a pipeline was laid next to the house. In this case, the subject will have to come to terms with the situation or try to challenge the lawfulness of the permit. However, the latter will be impossible with the help of a negative statement of claim.
Requirements object
It is the elimination of a continuing unlawful state (violation) that persists until the time the lawsuit is filed. This provision stipulates the absence of a statute of limitations for requirements. A lawsuit can be brought at any time while the offense takes place. If the unlawful state has been eliminated, the injured entity may demand compensation from the guilty party for damages.
Demand for the release of material assets from arrest
It should be noted that the legislation does not directly regulate all the foreseen proprietary legal methods of protecting property rights. The Resolution of the Plenum No. 5 of 04/23/1985 clarifies some of the issues that arise in practice when presenting a demand for the release of material assets from arrest. The inclusion of property in the inventory implies a ban on disposal. This is allowed by procedural rules as an interim measure guaranteeing the execution of a court decision, including at the stage of filing a lawsuit or a forfeiture sentence. In some cases, items that belong to others are included in the inventory. Often, a spouse is required to withdraw an arrest in respect of his personal belongings or a share in common law.
Defendants
The owner, whose property was included in the inventory by mistake, can file a claim for the release of his valuables from arrest to the debtor (in respect of which an interim measure has been applied) and at the same time to creditors in whose interests this procedure has been carried out. If the event is connected with the alleged confiscation, then the defendant will be the defendant / convicted person and the state represented by the authorized financial body.
Nuance
At its core, the lawsuit discussed above involves the recognition of property rights to property that has been unlawfully arrested or included in the inventory. The legislation also does not exclude the possibility of making a claim by other persons. For example, to sue to remove an arrest / exclusion from the inventory is allowed in defense of the interests of persons vested with the rights of operational management, inherited possession (life), economic management and some others. In this regard, this requirement is classified as special. It is a kind of lawsuit aimed at recognition of rights, including property ones.
Members
The plaintiff can be an entity both possessing and not possessing the subject of a dispute (if the issue of its return is not raised), the right of which is disputed, not recognized or denied by a third party who is not in an obligatory or other relative relationship with respect to the thing . A title owner of material assets may also submit a claim. Defendant - a third party who declares or does not claim his rights to the subject, but does not recognize the legality of the plaintiff's possession.
The essence of the requirements
In the case under consideration, the subject of the claim will be only the establishment of the fact of ownership of the property right or other property right to the plaintiff. In this case, the defendant is not expected to fulfill any obligations. The decision made in the lawsuit should eliminate the doubt that arose in a third party. Its purpose also consists in providing confidence in the existence of law, giving certainty to relations between entities. The decision on recognition of rights also acts as the basis for the implementation of specific powers related to the disposal, possession and use of property.