The relationship between people has evolved over the centuries. And all this time, mankind has been trying to find the most effective way to regulate them. In the search process, various levers of influence on social relations were developed . The first of these was violence. But very soon people realized its destructive effect. Indeed, violence does not have a regulatory effect. It only subordinates the will of some individuals to the will of others. Moreover, the whole process was accompanied by bloody divisions between the mentioned subjects. Therefore, violence was soon completely abandoned. Further searches led to the formation of religion as a way of regulating social relations. But the main negative factor was its avarice in the number of methods of direct influence. In addition, it became clear that religion for the most part is similar to the same violent method. But constant searches nevertheless led people to the most correct exit. So the law was invented. This method of regulating public relations has become a key and has retained its status to this day. It should be noted that regulation is carried out through subjective rights that are given to each person individually. But very often, such rights of one subject are violated by another. Therefore, the first has a need to protect their powers. One of them is ownership. As legal practice shows, in the Russian Federation it is often violated. Therefore, a special way of protection was formed, namely the recognition of property rights through the court, which will be discussed in this article.
What is property?
Most people living in the Russian Federation today have a fairly low level of legal culture. Therefore, many legal terms and categories are completely incomprehensible to them. The same situation is with the concept of ownership. Therefore, before considering ways to protect this category in the legal industry, it is necessary to understand its classical definition. Today, this is an economic interpretation. According to her, the right of ownership is a set of specific material goods of one subject, which he can own, dispose of and use. The subject directly owning things is called the owner.
Legal property category
It should be noted that the recognition of property rights through the court is carried out in the framework of law in general. In other words, it is a legal category. Its essence is that a certain person (physical or legal) has a specific range of powers that it can exercise in relation to its right. This category is regulated by the civil law industry. Most of the provisions on it are enshrined in the Constitution of the Russian Federation and the Civil Code.
Ownership Structure
Ownership is a structured category. Due to its elements, it is an ideal property right. The range of possibilities that a person can realize in relation to one or another thing depends on three interrelated competencies, namely: disposal, ownership and use rights. It should be noted that the presented three-element design was formed by ancient Roman lawyers. It has not lost its effectiveness to this day.
Violation of ownership
Based on the above provisions on ownership, we can conclude that it is absolute. This means that an entity endowed with it may demand abstinence from its violation from other entities. But, as we understand it, in some cases a certain kind of embarrassment does arise. Therefore, people resort to a judicial form of protection. In some cases, it is rather difficult to rule out a violation of property rights on your own. The fact of violation itself can be manifested both partially (inability to exercise possession, disposal or use of the thing), and in full (ownership is completely blocked). For example, unauthorized development of a land plot is a violation of property rights.
Ways to protect property rights
In civil law, there are several basic ways to protect a violated property right. This range of competencies does not imply appeal to a court. In other words, the title owner, through obligations and appeals to public authorities, confirms his innocence and requires the application of certain sanctions to violators. It should be noted that legal protection methods are the most frequently used due to the simplicity of their implementation.
Court Recognition
The judicial method of defense is fundamentally different from the ordinary, civil law. The main difference is that the first is used if the current law of the subject is violated by a third party. In addition, as mentioned above, the civil law sphere is for the most part a commitment. As for the judicial method, then the rights to the thing are restored through the courts of the Russian Federation. In addition, recognition of property rights through the courts is also used when, for example, a person has not registered his rights to a thing in the manner prescribed by law, and there is no real confirmation of his legitimacy. To solve this problem, a lawsuit is filed.
Subject, grounds and main types of claims
A statement of claim to the court, a sample of which will be presented later, is submitted by a person with the purpose of proving his right to own, dispose and use a particular thing. At the legislative level, the key basis for filing such a document with the court is a specific norm of the Civil Code of the Russian Federation, namely article 12. Based on possible situations that prevent the subject from using his rights, there are two main types of claims, namely:
- Vindication claim for the seizure of property from another's illegal possession;
- Negative claim to remove all obstacles that have arisen in the exercise by a person of his rights as an owner.
It should be noted that negative and vindication suits were used in ancient Rome. Therefore, many of the provisions of these categories, in fact, are borrowed from ancient times. In addition to the claims submitted, there are specific civil disputes regarding the recognition of ownership of a property. They must be considered separately, because they have specific features, but more on that later in the article.
Features of Vindication Claim
As mentioned earlier, a statement of claim to the court, a sample of which is presented in the article, can be filed in the form of a negative and vindication claim. The last document has its own specifics. It should be noted that a vindication lawsuit is filed to recover things from illegal possession of others. This legal category came into the civil law of Russia from Ancient Rome. In a certain period of time in ancient Rome there was such a type of trial as vindication. The bottom line was that the title owner of the thing imposed a windict (ceremonial stick) on it to confirm the legality of its authority. However, he provided evidence. In modern Russia, of course, no stick needs to be put in court, but the essence of the lawsuit has remained basically the same.
Vindication Claim Conditions
The recognition by the court of the right of ownership is carried out only in the presence of specific conditions. If they are absent, then the case will not even be considered in court. Such conditions include the following:
- The owner is deprived of the opportunity to actually own his property. That is, in fact, it has dropped out of the spectrum of its legal field.
- The property against which the lawsuit is being filed has been preserved in its original form, that is, it has not been destroyed or processed.
- The recognition by the court of the right of ownership is carried out with the expectation that this is an absolute right.
If the conditions presented are absent, then you can not appeal to the court with this claim, because it simply will not be considered.
Negative lawsuit
The recognition by the court of the right of ownership is also carried out through such a specific procedural category as a negative claim. As we understand it, the scope of its application differs significantly from vindication. After all, a negative claim is an appeal to the court with the aim of eliminating illegal obstacles from third parties in the exercise of the right of ownership over a particular thing. An example of such a violation is the restriction of access to things, which is enshrined in article 304 of the Civil Code of the Russian Federation. By this violation is understood any unlawful inaction or action that creates a direct obstacle to the use, disposal and possession of a thing. Thus, a statement recognizing a negative type of property right will allow the owner to exclude such offenses.
Interestingly enough, the fact that the statute of limitations does not apply to negative claims does not apply. Therefore, a person can protect his violated rights at the first detection of any violations. This is possible if you submit an application for the recognition of ownership of negative value. In addition, the title owner also has the right to recover damage from a person who for a long time interfered with the normal use of the thing, if such a violation was discovered after the losses were caused.
Ownership of a house, apartment and other real estate
We have already indicated that some objects of civil circulation have their own specifics and sometimes require a procedure such as recognition of ownership of a house, apartment, etc. Real estate refers to such objects. Recognition of ownership of a house, apartment or other real estate is most often required in the process of inheritance. For example, the assignee corruptedly missed the legal deadlines for inheritance and did not submit to the notary all the necessary documents. In this case, an appeal to the court is required to confirm their rights. There are also situations when, for example, an apartment is bought with the money of several people, but the title owner is only one. In this case, the latter may submit an application in order to recognize the ownership of the apartment by removing it from another's illegal possession. Of course, an apartment and a house are not exclusive immovable objects that have the specifics of protecting the rights to them. A large number of disputes occur with other types of real estate. Judicial practice of the Russian Federation indicates that people often submit an application in order to realize the recognition of ownership of the garage and other minor types of real estate.
Recognition of land ownership
Very often people are faced with a problem when their ownership of the land is simply not recognized. Most of these embarrassments arise with land plots that were issued during Soviet times. In this case, the problem is that people simply do not have documents to register ownership in the "new" RF. To resolve this issue, it is necessary to contact the judicial authorities, which, in turn, will make their decision on the basis of other evidence. In this case, documents for registration of ownership are not always needed. It is quite possible to get a thing on the basis of, for example, evidence of neighbors, payment receipts after 1991, etc.
As we see, the recognition of ownership of an apartment or house is in many ways different from the similar process in which the object is a land plot. Paradoxical as it may seem, it is in the case of land that any procedural difficulties are easier to overcome.
Conclusion
So, in the article we tried to answer the question of what is judicial recognition of property rights. Judicial practice of the Russian Federation testifies to the popularity of this civil-law method of protecting their violated rights. This indicator is extremely positive, because it indicates a high level of public confidence in government.