Ownership and protection are one of the most important areas of civil proceedings in all developed and most developing countries.That measure of protection of personal property of a citizen is largely determines the analysis of the state of the legal field in the State.
protection of property rights, in accordance with domestic law, is nothing else but an interrelated set of diverse regulatory and organizational measures, which are designed to restore the violated rights of a citizen.The main methods of this process are corporeal and liability measures.
most complex in their organization are the latest methods.They are used when the property rights protection requires that the plaintiff and the defendant at the time of the offense were bound by certain contractual obligations.Such situations have become in recent years in Russia is quite commonplace, breach of contracts every year begins to wear more and more widespread.
At the same time more frequent in rem are ways that imply that the parties do not bear civil relations at the time of the offense no obligations to each other.In this case, the protection of property rights can be a drawing or negatornogo vindication of claims.It is also worth noting that in rem actions can be applied only with respect to certain subjects individually.If in the process found out that the thing has been irretrievably lost, the plaintiff may rely on the reimbursement of material and moral damages.
replevin - this is a measure that has meant the protection of property rights in Roman law.And now, this method is considered to be a major in civil relations in most countries.It refers to an action person, not an owner of the thing, the one who owns it illegally.In the process, the plaintiff must prove their right to the property, that is, through legal evidence to argue its legal title.
In the process, quite often there is a question of income, which was (or could get) the owner is illegal for the time when the thing belonged to him.In this case, if the plaintiff can prove his right to it, he can demand reimbursement of all potential revenue.At the same time the illegal owner will most likely require the reimbursement of all expenses for the maintenance of the object.
protection of property rights often implies preparation negatornogo claim.This legal document is a statement by the owner that there are certain obstacles to the exercise of rights of ownership, disposal or use of one or other property.It is worth noting that the claims would not have negatornogo under Russian law the statute of limitations, so they can be made at any time when the owner of an object finds that his rights are infringed.In addition, if the court satisfies his claim, the plaintiff has the right to demand that the defendant pay him damages.
