Claim for Recognition of the Right of Ownership: Problems of Theory and Practice

Abstract

The specifics of the proprietary-legal protection of the right of ownership and other material rights is to use special claims based on the evidence of the plaintiff of its title. A draft legislation to amend the Civil Code of the Russian Federation proposes the establishment of a closed list of code proprietary ways to protect property rights. These methods include the vindicatory and negatory actions, as well as the recent widespread in judicial practice action for release of property from seizure (deletion from inventory) and an action for the recognition of property rights. The usufruct takes place in the system of independent proprietary rights under the draft legislation. This article discusses the features of the protection of usufruct by the claim for recognizing the right, namely: the author reveals the essence of the claim, defines its subject matter and grounds, actors (the plaintiff and the defendant), the conditions of presentation. In addition, on the basis of the analysis of judicial practice and legislation on the limitation period, the author finds that the claim for recognition of the rights in the essence refers to the requirements on which the Statute of limitation does not apply.