The Relationship between people has evolved over many centuries. And all this time mankind has tried to find the most effective method of their regulation. In the search process have been developed various levers of influence on social relations. The first of them was violence. But very soon people realized its devastating effect. Because violence has no regulatory influence. It merely subdues the will of some individuals will of others. The entire process was accompanied by bloody conflicts between these actors. Therefore, violence was soon abandoned completely. Further research led to the establishment of a religion as a way of regulating social relations. But the main negative factor was the avarice of her methods of direct influence. In addition, it became clear that religion in most part similar to the same violent way. But the constant search has led people to the correct exit. It was invented by the right. This method of regulation of social relations has become a key and has maintained its status to this day. It should be noted that the regulation occurs through the subjective rights which are given to each person individually. But very often this kind of law violated the single subject others. So first there is a need to protect their legal rights. One of them is the right of ownership. According to the legal practice in the Russian Federation it is very often violated. Therefore, formed a special method of protection, namely the recognition of property rights through the courts, which will be discussed in this article.
The Majority of people living today in the Russian Federation, have a fairly low level of legal culture. Therefore, many legal terms and categories are unclear. The same situation is with the concept of ownership. Therefore, before considering ways to protect this category in the legal industry, you need to understand its classical definition. Today it is the economic interpretation. According to her, the right of ownership – is the set of specific material goods one subject with which he may possess, dispose and use. Entity directly owning things, is called the proprietor.
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It Should be noted that the recognition of property rights through the courts is part of the law in General. In other words – is a legal category. Its essence is that a person (natural or legal) has a specific range of powers which it can achieve relative to its law. This category is regulated by the civil branch of the law. Most of the provisions of her is enshrined in the Constitution of the Russian Federation and the Civil code.
The Right of ownership is structured. Due to its elements it is the perfect real right. The range of possibilities that a person can realize in respect of a thing depends on three interlinked rights namely: the right of disposal, ownership and use. It should be noted that the presented three-element design was formed by the Roman lawyers. It has not lost its effectiveness to this day.
On the Basis of the above provisions concerning the right of ownership, it can be concluded that it is absolute. This means that the subject, endowed with them, may require abstinence from the breach from the other subjects. But, as we know, in some cases, a certain kind of confusions still occur. Therefore, people resort to the judicial form of protection. In some cases, to eliminate the violation of the right of ownership of self is difficult enough. The fact of the violation may manifest as partial (inability to exercise possession, disposal or use of the thing) and fully (right of ownership is fully blocked). For example, the unauthorized development of land is a violation of property rights.
In the civil law there are several ways to protect the violated rights of ownership. This range of the powers does not imply an appeal to the court. In other words, the titular owner through obligations and requests to the public authorities confirms his innocence and requires the application to violators of those or other sanctions. It should be noted that the law of obligations methods of protection are most commonly used because of ease of implementation.
The legal way to protection is fundamentally different from ordinary civil law. The main difference is that the first is used if the governing law of the subject is disturbed by a third person. In addition, as has been stated previously, civil-law sphere-it's mostly obligations. With regard to judicial process, then the right thing to recover through the courts in the Russian Federation. In addition, the recognition of property rights through the courts is also used when people, for example, has not registered its right to the thing in the manner prescribed by law, and the real confirmation of the legitimacy for its authority not. To solve such problems served the statement of claim.
The statement of Claim in court, a sample of which will be presented next, the person served with the order to prove his right to possession, disposal and use of a particular thing. At the legislative level, a key basis for the filing of such document to the court is a specific provision of the Civil code of the Russian Federation, namely article 12. Based on possible situations that prevent the use of the subject of their rights, there are two basic types of claims:
- replevin for the seizure of property from another's illegal possession;
- Negatory action for the elimination of all obstacles encountered in the implementation of their rights.
It Should be noted that negatory and vindication claims was used in Ancient Rome. Therefore, many of the provisions of these categories, in fact, borrowed from ancient times. Besides the lawsuits, there are specific civil disputes, the recognition of ownership of the property or otherwise. They must be considered separately because they have specific features, but more on that later in the article.
As previously stated, the statement of claim to the court, a sample of which is presented in the article, may be filed in the form and megatonnage of vindication. The latter document has its own specifics. It should be noted that replevin is served to recover things from alien unlawful possession. This legal category came in civil law of Russia from Ancient Rome. In a certain period of time in Ancient Rome, there was this kind of trial, as vindication. The point was that the titular owner of a thing imposes on her vindikta (ceremonial stick) to confirm the legality of his powers. However, he provided evidence. In modern Russia, of course, no stick in court, need not apply, but the essence of the claim remained basically the same.
The court's Recognition of the right of ownership is carried out only in the presence of specific conditions. If they are not available, replevin will not even be considered in court. Such conditions include the following:
the Owner is deprived of the opportunity to really own their property. That is, in fact, it was out of range of its legal framework.
- the Property against which the action shall be brought is preserved in its original form, that is, it is not destroyed and not processed.
- the court's Recognition of the right of ownership is based on the fact that it is absolute authority.
If the conditions exist, the court, according to the lawsuit may not apply, because it is simply not considered.
The court's Recognition of the right of ownership is carried out through the specific procedural category as negatory claim. We understand that its scope is significantly different from the vindication. Because negatory a claim – application to court with the aim of eliminating illegal barriers from third parties in the exercise of the right of ownership over a particular thing. An example of such violations is the restriction of access to things, which is enshrined in article 304 of the civil code. Under this understand violation of any wrongful inaction or action that creates a direct obstacle in the process of use, disposal and possession of a thing. Thus, the statement about the recognition of the right of ownership negativnogo type will allow PRIV...
Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."
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