Civil Law Protection of Property Rights
Legal support of the client in the protection of property rights
The right of ownership is a significant element of the rule of law. The owner has the right to own, use and dispose of his property. In this case, property can include both movable and immovable things. At the same time, it is important to note that the owner has the right, at his own discretion, to take any actions with respect to his property that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienate his property into the ownership of other persons, use and disposal of property, pledge property and encumber it in other ways, dispose of it in other ways. However, it is not uncommon for the owner to exercise civil law protection of the ownership of his property. And, as a rule, for competent legal protection of property rights, property owners resort to the help of qualified and experienced lawyers, whose participation in such a process allows the client to obtain a professional and competent solution to the situation, as well as reduce time resources for solving such a problem.
Protection of property rights, in fact, is a set of actions when the rights and interests of the owner are violated. Civil law protection of property rights is considered to be a set of legal actions that are provided for by law and are allowed to be used to protect these rights. Article 12 of the Civil Code of the Russian Federation reflects ways to protect civil rights, which consist of:
- Recognition of title.
- Restoration of the situation that existed before the violation of the right, and suppression of actions that violate the right or create a threat of its violation.
- Recognition of a voidable transaction as invalid and application of the consequences of its invalidity, application of the consequences of the invalidity of a void transaction.
- Recognition of the decision of the meeting as invalid.
- Recognition as invalid of an act of a state body or a local self-government body.
- Collection of penalties.
- Compensation for non-pecuniary damage.
- Termination or change of legal relationship.
- Non-application by the court of an act of a state body or local self-government body that contradicts the law.
- Other ways provided by law.
Violation of property rights is found everywhere, in this regard, for civil law protection of property rights, the following are applied:
Proprietary lawsuits. Such claims include a vindication claim and a negatory claim. A vindication claim is a reclamation of a thing from someone else's illegal possession, while a negatory claim is a claim to remove obstacles for the owner in exercising his powers and is not associated with the termination of the owner's possession of his thing.
Liability claims. Such claims include claims from contractual and other obligations, as well as claims aimed at invalidating transactions that violate property rights.
Other lawsuits (claims for recognition of rights; claims against public authorities). Such claims are brought when it is necessary to prove the right to the disputed property, if the fact of the existence of the right cannot be confirmed in another way, however, a claim against public authorities is brought against state authorities or local governments in case of violation of legal rights by the action (inaction) of their officials property or other property rights of citizens.
It is also important to note that the most common lawsuits brought in court to protect property rights are:
- On the recognition of property rights.
- On the recovery of property from someone else's illegal possession.
- On compensation for damage caused to the owner.
- On the return of things provided for use under the contract.
- On the return of unjustly acquired or saved property, etc.
Depending on the situation in which it is necessary to protect the right of property, the method of legal protection is also determined. Considering that the correct further right of ownership may depend on the correctness of the chosen method of protection, it is important to correctly determine the method of protection and competently draw up the necessary documents, including the statement of claim.
At the same time, it is important to note that in order to protect property rights, it is necessary to determine the jurisdiction and jurisdiction for sending documents to the court. Jurisdiction and cognizance of disputes related to the protection of property rights and other property rights is established by the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation, as well as other federal laws. At the same time, for example, in accordance with the norms of the Code of Civil Procedure and the APC, claims for rights to real estate are considered in court at the location of this property.
The involvement of a qualified lawyer for the civil legal protection of property rights of the owner of the property will save not only the time that the owner could spend on independently analyzing the situation, completing the necessary documents and determining the jurisdiction of the case under consideration, but also reduces the risk of obtaining a negative decision when protecting property rights. Given the importance of protecting property rights, when choosing a specialist, take into account not only the knowledge, experience and qualifications, but also the business reputation of a lawyer who will represent the interests of the client.
- Advice to clients on the protection of property rights
- Definition of violated right
- Choosing a way to protect a violated right
- Registration of necessary documents for civil law protection of property rights
- Representing the interests of the client in the implementation of civil law protection of property rights