The object of legal protection are any individually defined things. Absolute lawsuits are the means by which property protection is provided. They came to our legislation from Roman law - these are vindication and negative claims. In the first case, it is about recovering something from someone else's possession. This refers to ownership without any reason. The rightful owner demands the return of what is rightfully his own. The subject of vindication is nothing but an individually defined property.
Negative lawsuits are filed by those who wish to stop someone else’s infringement of their own property. That is, eliminate any violation of rights, even if they are not associated with a violation of the right of ownership. It can be presented absolutely at any time while this or that offense is committed. There are no specific dates.
Vindication lawsuit is the most common way to protect violated rights. It applies in cases where a thing is dropped out of the legal possession of the owner. As mentioned above, its essence lies in the compulsory collection of property from a possession that is illegal.
The subject of the right to vindication in this case is the owner (legal owner). His task is to prove that he really has the right to possess this or that thing. An individually defined thing is the subject of vindication. It can only be a matter of returning a thing if it has been preserved in kind. Otherwise, possible options for replacing it with something else or paying monetary compensation should be discussed.
Vindication lawsuit may be filed in the case of bona fide and unfair possession of the thing. A bona fide possession is considered to be a possession in which the actual owner, for objective reasons, does not know and cannot find out that he is using the thing illegally. The Civil Code says that such a holder cannot be claimed bearer securities or money. It is still possible to recover property from him. These are the following cases:
- if he received property in his possession free of charge from the person who had no right to alienate it. Note that the exemption in this case will not cause the bona fide owner actual losses, however, the ownership right will be fully restored;
- if the acquisition was reimbursable, provided that this property was lost by the rightful owner, stolen, obtained by fraud, threats, and so on.
Vindication lawsuit allows you to claim a thing from unfair possession. It is about ownership, in which the actual owner must know or actually know that he does not have any rights to the property used. In case of unfair possession, property may be claimed by the legal owner without any restrictions.
When claiming property , the question often arises of the income received by the unscrupulous owner, repair, and so on. The Civil Code states that the legal owner has the right to demand compensation for losses. He may also demand that the unlawful owner transfer to him all the income received from using the property.
Vindication lawsuit allows you to demand such compensation from a bona fide owner only when there is a possibility that he might know about the illegality of ownership.
A bona fide as well as an unscrupulous owner has the right to demand from the owner compensation for those costs that had to be incurred while maintaining the property. This is especially true for the period during which the legal owner is trying to receive income from the use of his property.