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Publication date: 26.05.2024
Claiming property from someone else's illegal possession, also known as a vindication lawsuit, is an important tool for protecting property rights in the civil law of Ukraine. A vindication lawsuit allows the owner to claim his property from the person who illegally owns it.
- The basis for filing a vindication lawsuit is the norms of the Civil Code of Ukraine (CCU). In particular, Article 387 of the Civil Code defines the right of the owner to demand the return of his property from the person who owns it without legal grounds.
Conditions for submitting a vindication claim.
Availability of ownership: The claimant must prove that he is the owner of the claimed property.
Unlawful possession: The property is in the possession of the defendant without legal grounds.
Individuality of property: The property claimed must be individually identified.
Limitation of vindication claim.
A vindication claim cannot be satisfied in cases where the property no longer exists or has been significantly changed. Also, if the property is in the possession of a bona fide purchaser who purchased it for money and did not know that he was acquiring it from a person who did not have the right to sell it, the owner may lose the right to claim it.
Peculiarities of consideration of cases in court.
Evidence of ownership: The court must provide evidence of ownership of the property (ownership documents, contracts, acts of acceptance and transfer, etc.).
Evidence of illegal possession: It is necessary to prove that the defendant owns the property without legal grounds.
Application of the rules of procedural law: The vindication claim is considered in accordance with the rules of the Civil Procedure Code of Ukraine.
Examples of judicial practice.
Consideration of vindication claims in court practice may vary depending on the specific circumstances of the case. Case law shows that the key aspect is the evidentiary basis provided by the plaintiff to prove his right to ownership and the illegality of possession by the defendant.
Agreement to support a real estate transaction - A vindication lawsuit is an effective means of protecting property rights, but its success depends on the availability of an appropriate evidentiary base and the correct application of substantive and procedural law. Lawyers who represent the interests of the owners must carefully prepare the case materials in order to maximize the chances of the claim being satisfied.
Claiming property from a bona fide purchaser in Ukraine is regulated by Article 388 of the Civil Code of Ukraine. The main provisions on this issue are characterized by the following conditions:
- Status of bona fide acquirer:
A bona fide acquirer is a person who acquired property under a contract of consideration without knowing and should not have known that he was acquiring it from a person who had no right to alienate it.
Circumstances of loss of property by the owner:
Property can be claimed from a bona fide purchaser if it:
It was stolen from the owner;
Lost by the owner in another way against his will;
It was removed from the owner's possession by another means against his will.
Examples from court practice:
Consideration of such cases in court may vary depending on the circumstances of a particular case, but the general rules remain unchanged. For example, if the property was stolen and sold to a bona fide buyer, the owner must prove the fact of theft and the absence of his will to dispose of the property.
Agreement for legal support of a real estate transaction / notarial support of real estate transactions - Claiming property from a bona fide buyer is possible only under specific conditions, in particular, if the property was stolen, lost or left the owner's possession in another way against his will. A bona fide acquirer who acquired property under a contract for consideration and did not know about the illegality of the transaction can protect himself from claiming the property under certain circumstances.
The claim of land plots is a special form of vindication claim, which has its own characteristics in view of the specificity of the object - a land plot. This process is regulated by the norms of the Civil Code of Ukraine, the Land Code of Ukraine, as well as other normative legal acts.
- Evidence of ownership:
The claimant must provide evidence of ownership of the land plot, for example, a state deed on ownership, an extract from the State Register of Real Property Rights, etc.
- Evidence of illegal possession:
It is necessary to prove that the defendant owns the land plot without legal grounds.
- Trial:
The land plot is claimed by filing a vindication lawsuit in court in accordance with the norms of the Civil Procedure Code of Ukraine.
- Claims from a bona fide buyer:
Special conditions defined by Article 388 of the Civil Code also apply to the claim of land plots from bona fide purchasers.
- Judicial practice.
Jurisprudence in cases of reclaiming land may vary depending on the specific circumstances of the case. Important aspects are the correct documentation of the right of ownership and the availability of an appropriate evidence base.
Support of turnkey real estate transactions / legal support for real estate transactions - Claiming land plots is a complex process that requires compliance with numerous legal formalities and the provision of appropriate evidence. The success of such cases depends on careful preparation of case materials, in particular, documents confirming the right of ownership and evidence of illegal ownership of the land plot by the defendant.
Claiming property by the owner's heirs is a special form of vindication claim that takes into account the specifics of legal relations related to inheritance. The heirs have the right to claim the property that belonged to the testator from the person who owns this property without legal grounds.
- Subject composition:
Plaintiff: Heirs who accepted the inheritance. These can be heirs by law or by will.
Defendant: A person who owns the property of the testator without legal grounds.
Grounds for a lawsuit:
The heirs must prove their right to the inheritance, as well as the absence of legal grounds for ownership of the property by the defendant.
Evidence base:
The heirs must prove the fact of acceptance of the inheritance and their right to it.
Evidence of the testator's ownership of the property and the fact of illegal possession by the defendant.
Claim from a bona fide purchaser.
- If the property was purchased by a bona fide purchaser, the provisions of Article 388 of the Civil Code apply to the claim. Heirs can claim property if it was stolen, lost or left the testator's possession against his will.
Examples of judicial practice.
Judicial practice in cases of claiming property by heirs often takes into account the specifics of inheritance legal relations. Judges pay attention to the adequacy of documentary evidence of the right to inheritance and the fact of illegal possession of property by the defendant.
The cost of legal support for real estate transactions - Claiming property by heirs is an important means of protecting their rights to inheritance. The success of such cases depends on careful preparation of documents confirming the right to inheritance and evidence of illegal possession of property by the defendant.
Claiming property in legal relations for the sale of pledged property is a specific form of vindication claim that arises in the context of collateral legal relations. This process is regulated by the norms of the Civil Code of Ukraine, the Law of Ukraine "On Mortgages" and other legal acts that regulate collateral relations.
- Subject composition:
Plaintiff: The pledgee (creditor) or the person who acquires the right to the pledged property as a result of its implementation.
Defendant: A person who owns the pledged property without legal grounds or does not return it in accordance with the terms of the contract.
Subject of the claim:
The subject of the lawsuit is the claim of specific pledged property that belongs to the plaintiff on the basis of a pledge agreement or a court decision to foreclose on the property.
Object:
The collateral property must be defined by its location, boundaries and other characteristics that allow its identification.
Grounds of action:
The basis for filing a lawsuit is the claimant's ownership of the pledged property or the right to claim it in accordance with the terms of the pledge agreement or court decision.
Dispossession:
The property must be in the possession of the defendant without legal grounds or in violation of the terms of the pledge agreement.
Real estate transaction support service - Claiming property in legal relations for the sale of mortgaged property is an important tool for protecting the rights of the mortgagee. The success of such cases depends on the careful preparation of documents confirming the right to the mortgaged property and evidence of illegal ownership of the property by the defendant.
Reclaiming an investee by an investor is a process by which an investor attempts to regain control or ownership of an investment property that has been unlawfully held by another person or entity. This process can be complex and involves the use of various legal instruments, including a recovery action.
- The main signs of demand for an investment object.
Subject composition:
Plaintiff: An investor who has invested in an investment object and has a legal right to own this property.
Defendant: A person or organization that owns an investment object without legal grounds.
Subject of the claim:
The subject of the lawsuit is a specific object of investment (real estate, securities, corporate rights, etc.), which belongs to the investor on the basis of an investment contract or other deed.
Object:
The object of investment must be clearly defined and identified.
Grounds of action:
The basis for filing a lawsuit is the investor's ownership of the investment object and the lack of legal grounds for ownership of this object on the part of the defendant.
Dispossession:
The investment object must be in the possession of the defendant without legal grounds (for example, in the case of fraud, illegal alienation of property, etc.).
Evidence base:
The investor must provide the court with evidence of ownership of the investment object (investment agreement, extract from the State Register of Real Property Rights, etc.).
Evidence of illegal ownership of the object by the defendant.
Claim from a bona fide purchaser.
If the investment object was purchased by a bona fide purchaser, the provisions of Article 388 of the Civil Code shall apply to the claim. The investor can claim the object if it was stolen, lost or left the investor's possession against his will.
Examples of judicial practice.
Judicial practice in cases of claiming investment objects can be difficult, as it is necessary to take into account the specifics of investment legal relations and documentary proof of the right to the investment object. Judges pay attention to the authenticity of the documents confirming the investment and the fact of illegal ownership of the object by the defendant.
Services for legal support of real estate transactions - Claiming an investment object is an important tool for protecting the rights of investors. The success of such cases depends on the careful preparation of documents confirming the investment and the right to the object of investment, as well as evidence of illegal possession of the object by the defendant.
