The object of property protection isany individually-defined things. Absolute lawsuits - this is whereby the real-legal protection is carried out. They came to our legislation from Roman law - it's vindication and negator lawsuits. In the first case, it is about demanding something from someone else's possession. It means possession without any reason. The legal owner demands to return what is rightfully his. The subject of vindication is nothing more than an individually defined property.
A non-judgmental claim is filed by those persons who wish tosuppress someone else's encroachment on their own property. That is, to eliminate any violations of rights, even if they are not related to violation of the right of possession. It can be presented absolutely at any moment while this or that offense is committed. There are no specific deadlines.
Vindication lawsuit is the most commona way to protect violated rights. It is used in cases where the thing is eliminated from the legal possession of the owner. As already mentioned above, its essence consists in compulsory reclamation of property from possession, which is illegal.
The subject of the right to vindication in this caseis the owner (the legal owner). His task is to prove that he really has the right to possess this or that thing. An individually defined thing is a subject of vindication. Speech about the return of things can go only if it was preserved in kind. Otherwise, it is necessary to discuss possible options for replacing it with something else or paying monetary compensation.
Vindication lawsuit may be filed in the case of andconscientious, and unfair possession of a thing. Conscientious possession is the possession, in which the actual owner for objective reasons does not know and can not find out that he uses the thing on illegal grounds. The Civil Code states that such a holder can not claim bearer securities or money. You can still claim his property. These are the following cases:
- if he received the property in his possessionfree of that person who did not have any right to alienate him. Note that the exemption in this case will not inflict actual losses on the bona fide owner, however, the ownership right will be fully restored;
- if the acquisition was compensated, provided that this property was lost by the legal owner, stolen, received by deceit, threats and so on.
Vindication lawsuit allows you to claim a thing andfrom unscrupulous possession. It's about ownership, in which the actual owner must know or actually know that he does not have any rights to the property in use. In case of unfair possession, the property may be claimed by the legal owner without any restrictions.
When demanding property, the question ofThe income that the unscrupulous owner got from him, about repairs and so on. The Civil Code states that the legal owner has the right to demand compensation for the losses incurred. He can also demand that the illegal owner transfer to him all the income that he received when using the property.
Vindication lawsuit allows you to demand such compensation from a bona fide owner only when there is a possibility that he might be aware of the illegality of possession.
Conscientious, as well as dishonest ownerin the right to demand from the owner of compensation of those costs that had to be incurred while maintaining the property. Especially it concerns the period for which the lawful owner is trying to obtain income from the use of his property.