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Title Owner: Definition. Article 305 of the Civil Code of the Russian Federation. Protecting the rights of a non-owner

Entities that have property legally may own, use, dispose of it, depending on the legal capabilities that they are endowed with. Features of their implementation are fixed in the norms of legislation. Ownership, use, disposal in the complex may be carried out by the owners of material assets. At the same time, for certain categories of property, the indicated legal opportunities must be documented and registered in the manner prescribed by law. title owner

Title ownership

To date, the legislation does not fix this legal opportunity as an independent category. According to some experts, recognition ownership rights would solve some of the problems that arise in connection with its implementation. One of the criteria for classifying ownership is the presence or absence of rights to actually own property. In accordance with this, there are two types of legal possibilities. In legal literature distinguish between title and titleless ownership. The first is based on legal grounds.

Specificity

The title may have a material character (limited property right, property) or obligatory (arises from the contract). Moreover, it can exist exclusively in relation to an individually defined object. The plaintiff may rely on the title of property law, and arising from a commitment. Accordingly, only a subject who has legal grounds to possess a thing can act as an applicant in court. If another citizen took possession of the person’s property contrary to his will, he may file a vindication lawsuit. Its essence lies in the requirement to remove a thing from illegal possession, to recognize the ownership of the applicant.  st 305 gk rf

Civil Law

In Art. 305 of the Civil Code of the Russian Federation, the category in question is defined in a narrow sense. This norm refers to all entities that have legal grounds to possess property, but which are not its owner. Meanwhile, the title also implies ownership of the owner. After all, he also has property legally. Accordingly, the title owner is an entity having a certain thing by virtue of a direct indication of the norms or under the terms of the contract.

Important point

As a basis for ensuring the protection of the interests of entities, in accordance with Art. 305 of the Civil Code of the Russian Federation, it is the possession of property on the basis of law or contract. He is opposed by the fact that a citizen has things that are not based on norms. The distinction between titleless and title ownership is based on an objective attribute. It does not depend on the consciousness of the owner. This sign, in the sense of the norms, is the basis for the acquisition of material values. If the subject received the thing in compliance with the requirements of the law, then he will be recognized as the title owner. ownership use disposal

Protection of interests

The protection of the rights of the title owner is carried out in court. The situations in which it is necessary may be different. For example, one of them has already been cited above - the illegal seizure of property and, as a result, a vindication claim for its recovery.The legislation also provides for the protection of the interests of the subject in the form of the opportunity to present a requirement to remove obstacles that prevent him from realizing his legal capabilities. In such cases negative claim. The requirements are not related to violation or deprivation of the owner of the possession of property. The title owner in such cases may demand, for example, to terminate the illegal actions of another person, expressed in abuses and other forms.

Property Recognition

This is one of the ways to restore a violated legal opportunity that the title owner can take advantage of. Such requirements are aimed at excluding claims from third parties on property belonging to the applicant. At the same time, at the hearing he will have to prove that the grounds on which he possesses the thing are legal. vindication

Removal of Arrest

Such claims contain requirements for the exclusion of material values ​​from the inventory. The arrest involves the seizure of property and deprivation of the owner of certain or all powers. The inventory is a measure aimed at ensuring the implementation of a judicial decision on compensation for harm or confiscation of property. Arrest may also be imposed in order to satisfy other rights of organizations and individuals, protection of legal opportunities. In some cases, property that is owned by unauthorized persons is included in the inventory. It is in such situations that the rightful owners of material values ​​require their return.

Disputes with government agencies

In this case, the state acts as a defendant. It has the power, endowed legislative initiative allowing him to influence civil law relations related to property. It can intervene in the sphere of property interactions, seize material values ​​from owners in certain cases. Meanwhile, if a state agency issued an act that is not consistent with the requirements of the law, according to which material values ​​were taken from the subject, he can challenge it in court. In this case, there is a violation of title ownership. Such a non-normative act may be invalidated and invalidated. title holder protection

Legal entities

The right to protect their rights regarding ownership is vested in business entities or operational management property. As explained by the Plenum of the Supreme Arbitration Court, municipal and state enterprises have all the legal capabilities, as well as the owners regarding the protection and restoration of their interests in court. They may, inter alia, file negative and vindication claims, including against the owner of property under their management or jurisdiction.

The legislation provides for certain restrictions for these business entities. In particular, enterprises and institutions engaged in economic management or operational management cannot freely dispose of property transferred to them under the appropriate regime. It belongs to the owner. It is he who gives permission to commit certain transactions with objects. Meanwhile, the law expressly prohibits the seizure of property from these state-owned enterprises and institutions, without legal grounds. title ownership

Additionally

Protection of rights is also provided for entities in which the property is in inherited lifetime possession. Disputes in practice most often arise between this person and the owner of the land. The legislation provided for the possibility for the owner to file a lawsuit against the specified entity. A person, in particular, may demand the return of a land plot belonging to him, as well as in established cases, elimination of other violations that were committed by the owner. Moreover, the latter may not even be accompanied by a deprivation of tenure.


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