One type of civil rights is the right to property.The ability to implement this law and its protection is provided by the public system, including all the necessary measures of organizational, economic and other areas of influence.State grants two types of funds allocated for the protection and restoration of property rights.This real-legal and liability funds.The former (real legal) include the following: a claim for recognition of property rights, a claim (application) the elimination of various legal violations not related to deprivation of property, as well as an action for recovery of property rights from the hands of illegal owners.Another group of funds are legal means of obligation.This is - an action for damages to the property owner, the demand (lawsuit) on the return of wrongly acquired property or other assets, as well as a claim for return of the property at the end of the lease term or that kind of use.
claim for recognition of ownership of written-plaintiff owner, owning or possessing a property whose rights have been violated or disputed by the defendant or other third parties.Next, the application is submitted directly to the tribunal.The basis for the filing of the statement of claim are documentaries (constitutive) certificate of the right to property.The certificates can be used as a variety of evidence, in fact, confirming the rights of the real owner of the disputed property.Testimony may also be used to protect the rights of ownership in cases of inheritance.
For example, consider a claim for recognition of ownership through inheritance of property and other rights.This claim for recognition of ownership by inheritance to court and must contain all the necessary data and information upon which the judge so decides on protection, restoration or transfer of property rights to the new owner.By this document necessarily applied a copy of such declaration, payment receipt duties, all the documents confirming kinship with the deceased person of the plaintiff, as well as documents proving the ownership rights of the deceased to the land plot.Always applied extract from the land registry and other legal documents proving these circumstances.
claim for recognition of property rights, a sample of which can be found on any stand in the notary's offices and district courts, lawyers' offices and other specialized institutions, drawn up in the following form.First written name of the judicial institution, which receives this claim.The following are details of the claimant: name, home address detailed.After the specified details of the defendant and other third parties that are directly relevant to the claim for recognition of ownership.Be sure to indicate the amount of the claim.And in the main part of the statement indicates the degree of kinship with the deceased, a kind of inherited property (real estate, money or other.) And its location.
The lawsuit also indicate the registration data of the ownership (by whom it is granted and when).The statement described and the circumstances that prevent execution of these rights.According to the Civil Code under article number 1112 refers to an inheritance of any property (including real estate), as well as the existing property rights and outstanding obligations.And hereditary right guaranteed by the State on the basis of the adopted laws, and is enshrined in the constitutional article number 35 in the fourth.Protection of constitutional civil rights of every human being is based on the articles of the Civil Code approved through the recognition in the court of law (Article 12).Therefore, filed legally claim for recognition of property rights is the real basis for the consideration of the court.
Exploring all the circumstances of such a statement of claim, the court shall render its decision on whether to recognize the right to property or not.Therefore, it should be understood that the claim for recognition of ownership - this is just the beginning of accepting the inheritance, restore or protect the violated rights of the legitimate ownership of property.
