ПРИЗНАКИ ИСКА О ПРИЗНАНИИ ВЕЩНОГО ПРАВА

Abstract

The article examines the definition of a closed list of features of a claim for the recogni-tion of a property right. The establishment of the features of a claim for the recognition of property right allows to correlate, distinguish the claim for the recognition of property right with other property claims and methods of protection of property rights, which ensures the prevention of competition lawsuits. Peculiarities of the action for recognition of property right are conditioned by its proprietary nature, i.e. by attributing it to proprietary lawsuits. The features of the action for recognition of the right in rem shall characterise the subject matter of proof and the conditions of satisfying such an action. The peculiarities of an action for recognition of property right may be divided into special and general characteristics - special characteristics are of qualifying nature allowing to distin-guish it from other property lawsuits; general characteristics result from the characteristic of this method of protection as a type of property action, since these characteristics are inherent to all property lawsuits. An action for recognition of property right is characterized by the following specific features: presence of the plaintiff's lawful possession of the subject of dispute; proprietary right acquired by the plaintiff on sufficient legal basis and preserved, exists for him at the time of the dispute; there is legal uncertainty in belonging of a person to a proprietary right; presence of the defendant's contesting the presence of proprietary right of the plaintiff; exclusive nature of application; independent legal significance of the claim for recognition of property right; non-contractual nature of claim; legal nego General, universal features of an action for recognition of property rights are as follows: non-contractual nature: there must be no binding relations between the plaintiff and the defendant regarding the subject matter of the dispute; legal uncertainty concerns individually identified thing, in most cases immovable thing, which physically exists at the moment of court decision; restoration character - vindication and negative actions restore situation existing before violation - restoration of possession and restoration of c An action for recognition of a property right cannot have the following properties: abso-lute nature of the claim; existence of a subject of ownership; absence of grounds indicating termination of ownership right; universality in application.