Recognition of property rights through court. Documents for registration of ownership

The relationship between people has evolved over many centuries. And all this time humanity tried to find the most effective way of their regulation. During the search, various levers of influence on public relations were developed . The first of them was violence. But very soon people realized its destructive effect. After all, violence does not have a regulatory effect. It only subordinates the will of some individuals to the will of others. At the same time, the entire process was accompanied by bloody conflicts between the above-mentioned subjects. Therefore, violence was soon completely abandoned. Further searches led to the emergence of religion as a way of regulating social relations. But the main negative factor was its avarice in the number of methods of direct influence. In addition, it became clear that religion in most of the similar to the same violent way. But the constant search all the same led people to the most correct exit. So the law was invented. This way of regulating public relations has become key and has retained its status to this day. It should be noted that regulation is made through subjective rights that are given to each person individually. But very often such rights of one subject are violated by another. Therefore, the first appears the need to protect their powers. One of them is the right of ownership. As the jurisprudence shows, in the Russian Federation it is very often violated. Therefore, a special method of protection was formed, namely the recognition of property rights through the court, which will be discussed in this article.

What is property?

Most people living today in the Russian Federation have a fairly low level of legal culture. Therefore, many legal terms and categories are completely incomprehensible to them. The same situation is with the concept of property. Therefore, before considering ways to protect this category in the legal industry, it is necessary to understand its classical definition. To date, this is an economic interpretation. According to it, the property right is a set of concrete material benefits in one subject, which he can own, dispose of and use. The subject directly owning things is called the owner.

Legal category of property

It should be noted that the recognition of property rights through the court is carried out within the framework of the law as a whole. In other words, this is a legal category. Its essence lies in the fact that a certain person (physical or legal) has a specific range of powers that it can exercise in relation to its right. This category is regulated by the civil law branch. Most of the provisions on it are enshrined in the Constitution of the Russian Federation and the Civil Code.

Structure of ownership

Ownership is a structured category. Thanks to its elements, it is an ideal proprietary right. The range of opportunities that a person can realize in relation to a particular thing depends on three interrelated powers, namely, the right to dispose, property and use. It should be noted that the presented three-element construction was formed by ancient Roman lawyers. It has not lost its effectiveness to this day.

Violation of property rights

Based on the above provisions on the right of ownership, we can conclude that it is absolute. This means that the subject endowed with it can demand abstinence from its violation from other subjects. But, as we understand, in some cases a certain kind of embarrassment does arise. Therefore, people resort to judicial protection. In some cases, it is quite difficult to exclude the violation of the right of ownership independently. The very fact of violation can manifest itself as partially (impossibility to exercise possession, disposition or use of the thing), and to the full extent (the property right is completely blocked). For example, unauthorized building of a land plot is a violation of property rights.

Ways to protect property rights

In civil law, there are several basic ways to protect violated property rights. This range of powers does not imply a recourse to a court. In other words, the title owner by means of obligations and appeals to the state authorities confirms his rightness and requires applying sanctions to the offenders. It should be noted that mandatory legal remedies are the most frequently used because of their ease of implementation.

Recognition of property rights through court

Judicial protection is radically different from ordinary, civil law. The main difference is that the former is used if the subject's acting law is violated by a third party. In addition, as already indicated earlier, the civil-legal sphere is in most part the obligation relationship. As for the judicial method, then the rights to the thing are restored through the courts of the Russian Federation. In addition, the recognition of property rights through court is also used when a person, for example, has not registered his rights to a thing in the manner prescribed by law, but there is no real confirmation of the legitimacy of his powers. To solve this problem, a claim is filed.

Subject, grounds and main types of claims

The statement of claim in the court, a sample of which will be submitted later, is filed by a person with the aim of proving his right to own, dispose of and use a particular thing. At the legislative level, the key reason for submitting such a document to a court is the specific provision of the Civil Code of the Russian Federation, namely Article 12. Proceeding from possible situations that prevent the entity from using its rights, there are two main types of actions, namely:

- Vindication claim for seizure of property from someone else's illegal possession;

- Negative action to eliminate all the obstacles that have arisen in the exercise of the person's rights by the owner.

It should be noted that negator and vindication claims were used even in ancient Rome. Therefore, many provisions of these categories, in fact, are borrowed from ancient times. In addition to the claims submitted, there are specific civil and legal disputes about the recognition of ownership of a property. They need to be considered separately, because they have specific features, but more on this later in the article.

Features vindikatsionnogo suit

As it was mentioned before, the claim to the court, the sample of which is presented in the article, can be filed in the form of a negatory and vindication suit. The last document has its own specifics. It should be noted that a vindication lawsuit is filed to recover things from illegal possession. This legal category came into the civil law of Russia from Ancient Rome. In a certain period of time in ancient Rome, there was such a type of trial as vindication. The bottom line was that the title owner of the thing imposed a vindict (a ceremonial stick) on it to confirm the validity of its powers. He provided evidence. In modern Russia, of course, no stick in court should be imposed, but the very essence of the claim remained basically the same.

Conditions for filing a vindication suit

Recognition by the court of the right of ownership is carried out only in the presence of specific conditions. If they are not available, then the vindication claim will not even be considered in court. Such conditions include the following:

- The owner is deprived of the opportunity to actually own his property. That is, in fact, it has dropped out of the spectrum of its legal field.

- The property, in relation to which the claim is filed, was preserved in its original form, that is, it was not destroyed or reworked.

- Recognition by the court of the right of ownership is carried out with the expectation that this is absolute power.

If there are no conditions presented, then the court with this claim can not be appealed, because it will simply not be considered.

Non-commercial action

Recognition by the court of the right of ownership is also carried out through such a specific procedural category as negatory lawsuit. As we understand, the scope of its application differs significantly from the vindication one. After all, a negator lawsuit is an appeal to the court to remove illegal obstacles from third parties in the exercise of property rights over a particular thing. An example of such a violation is the restriction of access to a thing, which is enshrined in Article 304 of the Civil Code of the Russian Federation. This violation is understood as any unlawful inaction or act creating a direct obstacle in the course of using, disposing and owning a thing. Thus, the application for recognition of the right of ownership of the negator type will allow the owner to exclude such offenses.

Quite interesting is the fact that negator claims are not subject to the limitation period. Therefore, a person can protect his violated rights at the first detection of any violations. This is possible if you apply for recognition of ownership of a negator value. In addition, the title owner also has the right to collect damages from a person who has long impeded the normal use of the thing, if such a violation was revealed after the damages caused.

Ownership of the house, apartment and other real estate

Earlier we have already pointed out that some objects of civil turnover have their own specifics and sometimes require a procedure such as recognition of ownership of a house, apartment, etc. Such properties include real estate. Recognition of ownership of a house, apartment or other real estate is most often required in the implementation of inheritance. For example, the assignee banally missed the legal terms of entering into the inheritance and did not submit all necessary documents to the notary. In this case, you need to go to court to confirm your rights. There are also situations when, for example, an apartment is bought for money of several people, but the title-holder is only one. In this case, the latter can file an application to recognize the right of ownership of an apartment by withdrawing it from someone else's illegal possession. Of course, the apartment and the house are not exclusive immovable objects that have specific protection rights to them. A large number of disputes occur with other types of real estate. Judicial practice of the Russian Federation testifies that people often enough submit the application with the purpose to realize a recognition of the property right to garage and other insignificant kinds of the real estate.

Recognition of ownership of land

Very often people face a problem when their ownership of a land plot is simply not recognized. Most of all such discomfiture occurs with land plots that were issued during the Soviet era. In this case, the problem is that people simply do not have any documents for registering ownership in the "new" RF. In order to resolve this issue, it is necessary to apply to the judiciary, which, in turn, on the basis of other evidence, will take their decision. In this case, documents for registration of ownership are not always necessary. It is quite possible to obtain a thing based on, for example, evidence of neighbors, payment receipts after 1991, etc.

As we see, the recognition of ownership of an apartment or a house differs in many respects from a similar process in which an object is a land plot. Paradoxically, it is easier to overcome any procedural difficulties in the case of land.

Conclusion

So, in the article we tried to answer the question, what is the judicial recognition of the property right. Judicial practice of the Russian Federation testifies to the popularity of this civil-law way of protecting its violated rights. This indicator is extremely positive, because it indicates a high level of public confidence in the government.