What is the difference between claims for the recognition of...

What is the difference between claims for the recognition of property rights from other similar lawsuits?

The emergence of property rights can be associated with the consideration of other claims, in addition to the claim for recognition of property rights. They can be both real and obligatory claims. For example, a refusal of a vindication claim may serve as a basis for recognizing the right of ownership of an immovable property for a bona fide purchaser (Article 223 of the Civil Code of the United States). Claims on the registration of the transaction (Article 165 of the Civil Code of the United States) and the transfer of ownership (Article 551 of the Civil Code) are also aimed at acquiring property rights. Only the decision of the court has here not a right-forming or right-confirming value. It only allows the plaintiff to register the right of ownership without applying to the registering authority of the counterparty to the transaction. A claim for the transfer of rights and obligations of the buyer to himself in case of violation of the right of primary purchase (paragraph 3 of Article 250 of the Civil Code of the United States) is aimed at acquiring the right of ownership.

Claims for the recognition of property rights must be distinguished from applications submitted when the registration service refuses to perform the act of state registration. The difference is that the subject of the claim for the recognition of the right of ownership is the requirement to recognize or ascertain the right of ownership over the plaintiff. The object of the application to challenge the action of the registering body is the requirement to recognize the action of the authority as illegal. In addition, the claim for the recognition of property rights is derived from civil law relations. Relations with respect to the registration of rights to real estate are of an administrative and imperious nature.

Finally, claims for the recognition of property rights must be distinguished from cases of establishing the fact of ownership of property on the right of ownership. As explained in the Review of Legislation and Judicial Practice of the Supreme Court of the United States for the III quarter of 2006, in accordance with Part I of Art. 264 and art. 265 of the Code of Civil Procedure of the United States, the court establishes the legal facts on which the origin, change, termination of personal or property rights of citizens and organizations depends, only if the applicant fails to receive the proper documents certifying these facts in other order or if the lost documents can not be recovered. At the same time, as follows from part 3 of Art. 263 of the CCP of the United States, if a dispute on the law subordinate to the court is established when filing an application or considering a case in special proceedings, the court issues a ruling on leaving the application without review, which explains to the applicant and other interested persons their right to resolve the dispute in the proceedings.

The possibility of establishing a legal fact of the possession and use of immovable property in the manner prescribed in the norms set forth above is established in clause 6, part 2 of Art. 264 CCP of the United States. This rule does not exclude the possibility of establishing the legal fact of owning and using real estate, including ownership. For example, if the applicant had, but had lost to him, a title deed of ownership of immovable property, the court has the right to establish the ownership and use of the property on the property right for the purpose of registering this property, provided that such a document can not be restored in a different order.

Thus, the court is entitled to establish the legal fact of the ownership and use of immovable property on the right of ownership in the event that there is no dispute about the law and if this fact can not be established in a different order.

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