subject of proprietary remedies are any individually defined things.Absolute claims - this is what is done with the help of proprietary and legal protection.They came into our legislation from Roman law - a vindication and negatory claims.In the first case it is a vindication of something from someone else's possession.This refers to the possession without any reason.The legitimate owner requires back what rightfully belongs to him.The subject of debt collection - it is nothing like individually defined property.
negatornogo lawsuit serves those persons who wish to stop someone else's encroachment on their own property.That is, to eliminate any violations of human rights, even if they are not related to the violation of the right of ownership.It can be brought completely at any time until done this or that offense.Specific dates are not available.
replevin - is the most common way to protect the violated rights.It is used in cases where the item is out of legal possession of the owner.As mentioned above, the essence of it is in the forced recovery of property from the possession of which is illegal.
entitled for vindication in this case is the proprietor (legal owner).His task - to prove that he was indeed the right to have this or that thing.Individually specific thing - the subject of vindication.It is about the return of things can only go in if it was stored in nature.Otherwise, it should be discussed options to replace it with something else, or monetary compensation.
vindication action may be filed in the case and honest and dishonest possession of a thing.Bona fide possession is considered the possession in which the beneficial owner of the objective reasons do not know and can not know that the thing uses illegally.The Civil Code states that the owner can not be similar to request bearer securities or money.The property had to demand still possible.It is about the following cases:
- if he got the property in his possession free of charge from the person who had no right to alienate it.Note that in this case the withdrawal will not cause actual loss conscientious owner, but the ownership will then be fully restored;
- if the acquisition were compensated, provided that the property was lost by the rightful owner, stolen, obtained through fraud, threats and so on.
replevin allows you to request a thing of bad faith and ownership.It is about possession in which the beneficial owner should know or really knows that he has no rights to the used property.In the case of unfair property ownership may be demanded legal owner without any restrictions.
When recovery of property often raises the question of income that it received from the defaulting owner of repair and so on.The Civil Code states that the legal owner has the right to demand compensation for damages.It may also require that the illegal owner gave him all the revenue that was using the property.
replevin allows you to claim such compensation to the owner in good faith only if it is likely that he would be aware of the illegality of possession.
conscientious and unscrupulous owner of the right to demand compensation from the owner of the costs that had to suffer during the maintenance of the property.This is especially true of the period for which the legal owner is trying to get revenue from the use of its property.
