Protection of property rights - Legal basis of nature...

Protecting Ownership

In accordance with paragraph 4 of Art. 212 of the US Civil Code, the rights of all owners are protected in the same way. Protection of property rights is devoted to Ch. 20 of the US Civil Code.

Protection of property rights in the civil law is carried out through two types of actions: vindication and negator.

In accordance with vindication lawsuits the owner has the right to claim his property from someone else's illegal possession (Article 301 of the Civil Code of the United States). In relation to natural resources and objects of this kind, claims mostly concern claims from someone else's unlawful possession of land.

However, the law provides for cases of claiming their property even from a bona fide purchaser, in the presence of certain circumstances. The acquirer is considered to be bona fide if he proves that he did not know and did not need to know about the illegality of alienating the property by the seller, in particular, took all reasonable measures to ascertain the seller's entitlement to alienate the property.

In accordance with paragraph 32 of the Resolution of the Plenum of the Supreme Court of the USA and the Plenum of the Supreme Arbitration Court of the United States of April 29, 2010 No. 10/22 "On some issues arising in judicial practice in resolving disputes related to the protection of property rights and other proprietary rights" (hereinafter - the Resolution of the Plenums of the Armed Forces and the US Supreme Arbitration Court No. 10/22 of April 29, 2010), a claim for reclamation of property brought against a person in whose illegal possession this property was located, but who does not have it at the time of consideration of the case in court can not be satisfied.

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A person who has filed a lawsuit seeking the recovery of his property from someone else's illegal possession must prove his ownership of the property in the possession of the defendant.

Negative lawsuit - a lawsuit to remedy violations of the law that are not related to deprivation of tenure (Article 304 of the Civil Code of the United States). Non-governmental action is aimed at eliminating various obstacles that impede the exercise of the powers of the owner or legal owner. When presenting such a claim, the plaintiff must prove two essential circumstances: 1) that he is the owner or the person owning the property on the basis provided by law or the contract; 2) that the actions of the defendant, not related to the deprivation of ownership, violate his ownership or legal possession.

Similar kinds of lawsuits can be divided into several groups:

• Disputes on the elimination of violations of the law, not related to deprivation of ownership;

• disputes over the rights to real estate;

• Disputes about the rights to land plots on which multi-family houses are located.

Disputes on the elimination of violations of the law, not related to deprivation of ownership. The lawsuit to eliminate violations of the law, not related to deprivation of ownership, is subject to satisfaction, regardless of whether on its own or someone else's land or other real estate the respondent commits actions (inaction) that violate the right of the plaintiff.

In accordance with paragraph 46 of the resolution of the Plenum of the Armed Forces and the Supreme Arbitration Court of the United States of 29.04.2010 No. 10/22, when considering claims for the elimination of violations of the law that are not related to deprivation of ownership, consisting in the construction of a building, structure, town-planning and building norms and rules for the construction of the relevant facility, since their non-compliance, including minor, may be the basis for the satisfaction of the claimed claim, if this violates the right of ownership or legal possession plaintiff.

While satisfying the claim to eliminate violations of the law that are not related to the deprivation of possession, the court has the right to prohibit the defendant from taking certain actions, and to oblige the defendant to eliminate the consequences of violation of the right of the plaintiff.

Disputes about the rights to real estate. In accordance with Cl. 2

Federal Law "On state registration of rights to real estate and transactions with it"; state registration of such rights and transactions is a legal act of recognition and confirmation by the state of origin, restriction (encumbrance), transfer or termination of rights to real estate in accordance with the US Civil Code.

Such disputes can be divided into several separate groups:

1) disputes on the recognition of ownership of real estate. In court practice, it is often disputes about the right to a land plot (sometimes about the right to a land plot and the property located on it);

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2) disputes over disputing the registered right to immovable property. This is the dispute in which the parties contest entries recorded in the Unified State Register of Rights to Real Estate and Transactions with it;

3) disputes on the removal of restrictions or encumbrances from the property. This applies to bail, arrest, ban on alienation of property, etc.;

4) disputes about the state registration of the transaction;

5) disputes about claims for damages and interest payments related to the registration of transfer of ownership under a contract of sale of real estate.

Disputes about the rights to land plots where multi-family houses are located . According to part 1 of Art. 16 of the Federal Law No. 189-FZ of December 29, 2004, "On the Enactment of the Housing Code of the United States" (hereinafter - the Introductory Law) and Part 1 of Art. 36 of the US Housing Code to owners of premises in an apartment building belongs to the right of common share ownership of a plot of land with elements of landscaping and landscaping, on which the apartment building and other real estate objects (hereinafter referred to as an apartment building) are located.

By part 3 and 4 of Art. 16 of the Introductory Law, the authorities implement the formation of the land on which the house is located.

In paragraph 67 of the resolution of the Plenum of the Armed Forces and the Supreme Arbitration Court of the United States of 29.04.2010 No. 10/22, the higher courts explained the following: if a land plot has not been formed and state cadastral records have not been conducted, the land under the apartment building is owned corresponding public education. In turn, owners of premises in an apartment building have the right to own and use this land plot insofar as it is necessary for the operation of an apartment building, as well as objects belonging to the common property in such a house.

Owners of premises in an apartment building as legal owners of the land on which the house is located and which is necessary for its operation, by virtue of Art. 305 of the US Civil Code have the right to demand the elimination of any violations of their rights, even if these violations were not combined with the deprivation of ownership, as well as the right to protect their property, including against the owner of the land.

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