Publication date: 13.02.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Current legislation, guided by established international standards, establishes a complex of law enforcement measures that function to prevent property offenses and restore the owner's violated rights. One of these measures is the recognition of the right of ownership, which is a material and legal method of protection, which is implemented in court, by filing an appropriate lawsuit. The need to apply this measure arises when the right belonging to the owner of a certain property is subject to dispute, doubt, or is not recognized by other persons, or if a document confirming the right of ownership has been lost. The goal pursued by the plaintiffs is to eliminate all doubts and disputes regarding the existence of the owner's subjective right to the property.
Peculiarities of the claim for the recognition of the right of ownership:
The object of this claim may be property that exists in kind. In other words, the demand for the recognition of the right of ownership, with which the plaintiff applies to the court, must relate to property that actually exists, and if due to some circumstances, the property was destroyed, then the possibility of filing a corresponding claim is accordingly lost. As for the parties in the case, the plaintiff is the owner of certain property whose ownership is in doubt or disputed, or the owner of the property who has lost the title document. The defendant, in turn, will be the person who disputes, does not recognize the claimant's ownership right. As for the jurisdiction of cases on the recognition of ownership rights, such cases are considered by courts of general jurisdiction. According to Art. 30 of the Code of Civil Procedure if the object of the claim is immovable property, then the claim should be submitted to the court according to the location of such property or its main part. The filing of a lawsuit is preceded by a preparatory process, which includes the collection of necessary evidence, legal analysis of the situation, investigation of all circumstances, and identification of the parties to the case. And only after the implementation of all the above-mentioned steps should proceed to the filing of a claim. In the lawsuit, it is worth noting: a brief description of the circumstances of the case, the claims, the circumstances that justify them, the used methods of pre-trial settlement of the dispute, the price of the lawsuit (determined based on the value of the property), regulatory regulation and a list of evidence. The content of the claim should not contain emotionally colored statements, evaluative judgments and those provisions that are not supported by the collected evidence. Structuredness, brevity and compliance with the requirements of current legislation are the key to drawing up a correct statement of claim, which will give a positive result in the future.
Recognition of ownership and removal of seizure:
Sometimes there are cases when such a coercive measure as seizure of property is applied to the owner, which, of course, significantly hinders the disposal and use of it. Procedural coercion can be applied to debtors in order to ensure the proper execution of a court decision. In practice, there are cases when arrests are mistakenly imposed not on the property of debtors, but on the property of other persons. In such a case, the owner can implement a judicial method of protecting the violated right by filing a claim for recognition of the right of ownership and simultaneous removal of the seizure. It is extremely important to pay attention to the conditions for the satisfaction of the claim, namely: determination of legal facts that will confirm ownership of the seized property, proper proof of the fact of violation of the right. Therefore, for a successful legal defense, the plaintiff will need legal documents and other evidence that establish the above facts. A lawsuit should be filed based on the location of the property. Separate attention should be paid to the identification of the defendants in the case, because there will be several of them, namely: the debtor whose property is seized and the creditor in whose interests such seizure was imposed. As for the legal requirements regarding the content of the claim, they are similar to the above.
Consultation of a lawyer when applying to court:
A lawyer is an indispensable assistant for a person who has decided to defend his rights in court. The help of a lawyer may be needed to collect the necessary evidence, draw up procedural documents, choose a defense strategy and represent interests, risks evaluation. Legal analysis of the situation will help save money and time for the plaintiff, and most importantly, achieve the desired results.
