Other civil means of protection of property rights and other...

Other civil means of protecting property rights and other proprietary rights

As it was said before, other civil-law ways of protecting property rights include, first of all, the methods provided for claims of recognition of property rights, as well as claims against state authorities and administration. Claims of recognition of ownership are a requirement to confirm in court the right of ownership or other proprietary rights, to the property that constitutes the subject of the dispute. Such claims are aimed at removing obstacles to the exercise by the owner (or title owner) of his right and exclusion of claims on the property belonging to the owner by confirming in court the fact of belonging to him of the disputed property on the basis of ownership or other limited right. For example, the recognition of the fact that the property belongs to the person who actually entered into the inheritance.

Actions against public authorities

An important way to protect property rights and other proprietary rights are claims to public authorities to protect the interests of subjects of real rights (private persons). Civil law allows for a full compensation for losses caused to private individuals as a result of illegal actions (or inaction) of state bodies, local governments or their officials, including by issuing both a regulatory and non-normative act that does not comply with the law or other legal act (Article 16 of the Civil Code). And if such actions or acts violate proprietary rights, this general way of protecting civil rights can also be considered as a way to protect property rights or limited proprietary rights.

In the practice of the courts, a large proportion of claims against public authorities that violate the real rights of individuals constitute claims and complaints against the actions of officials. Typically, such claims are brought against tax, customs authorities in cases of unreasonable foreclosure on the property of the persons concerned. Also, in court practice, the claims of owners and other title holders on "nullifying the normative act of a state or municipal body that does not comply with the law or other legal acts" (Article 13 of the Civil Code) and violate property right or illegally limiting the possibility of its implementation, for example suits to property management committees on invalidating their acts on seizure of certain real estate objects that are owned by enterprises on the right of economic jurisdiction or perativnogo management. At the same time, together with the requirement to invalidate the act violating the property right, the person whose right is violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation of losses in a smaller amount (Clause I, Clause 15 of the Civil Code). So, losses caused to a citizen or a legal entity as a result of issuing an act of a state body or local government that does not comply with a law or other legal act are subject to compensation by the United States or municipal entity (Article 16 of the Civil Code) in full, including direct costs, real damage and loss of profit (paragraph 2 of Article 15 of the Civil Code).

Very close to the group of claims for invalidating the act of a state body or local government that violates the right of ownership, suits about recognizing unlawful termination of ownership. Such claims are based on the establishment the invalidity of an individual (non-normative) act that violates the right of ownership. Along with claims for invalidating acts (both normative and non-existent, that is, non-normative) that violate property rights and other proprietary rights, claims for damages , caused by the seizure of property from the owner. However, it should be borne in mind that such claims can be filed independently. Along with the claims to protect private rights of individuals from the unlawful actions of public authorities, the claims for the release of property from arrest (on the deletion of property from inventory) are listed in the list of suits for the protection of the real rights of individuals. The peculiarity of these claims consists primarily in the fact that except for the requirement to confirm in court the ownership of a thing (other proprietary right) constituting the subject matter of the dispute, such a claim contains the requirement to exclude the controversial item from the inventory, since it is sometimes erroneous in the inventory to include property belonging to other persons who are, for example, itsom, property, which is described in a contractual relationship, resulting in the property may be in the use of the latter. Subjects of the right to bring an action for the release of property from arrest are the owner whose property was wrongly included in the inventory, as well as other persons whose property rights were violated. The subject of the same duty (the defendant for the claim) is often more than one person, but two or more persons. For example, if the property is described in connection with its alleged confiscation, the respondent for the claim is the convicted (untried) and the relevant state body in whose favor the property is seized.

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