Obligatory legal methods of protecting property rights. Legal obligations methods for protecting the right of ownership of residential premises and other housing rights

Personal (obligatory) include rights arising from contracts, torts, quasi-delicts; to real - the right of ownership, as well as rights to other people's things. The essence of the dualism of civil law, therefore, lies in the impossibility of a right to exist simultaneously as both a property and an obligation.

According to this classification, to proprietary methods of protection of rights property include reclaiming property from someone else’s illegal possession (vindication claim); the owner's demand to eliminate a violation of his right that is not related to deprivation of possession (negative claim); the owner's demand for recognition of his right (claim for exclusion of property from the inventory).

To the legal obligations methods of protecting rights personal property includes: claims by owners for the return of property transferred to the other party under an agreement; on compensation of property in kind in case of loss or damage (providing an item of the same kind and quality, correcting a damaged item); compensation for losses caused by non-performance or improper execution contracts; compensation for non-contractual damage caused to property, return of unjustifiably received or saved property, etc.

But, for example, Professor M.I. Braginsky, notes the presence of signs of real rights in obligations, emphasizes that “most civil legal relations is mixed - “real-obligatory”.

The question of choosing the type of claim in our civil law has been resolved in favor of claims under the law of obligations, since they are based on special standards regulating the relations of the parties and excluding the action general legislation about property. The choice of claim necessary to protect the right depends on various circumstances that influenced the violation of property rights or other property rights. First of all, this dependence is manifested in which aspect of property rights is affected by tortious actions. As is known, the structure of property rights in Russian civil law has the structure of a triad (the powers of possession, use and disposal), which, however, does not exclude a certain degree of independence of each power. The owner has the legal ability to transfer one or more powers to another person. Therefore, the most common conflicts in property law are those associated with the alienation of any right and, in this regard, the deprivation of the owner’s ability to exercise his or her property rights in general. This happens very clearly in cases where the owner is deprived of possession of a thing, and the deprivation of the owner of possession can be either legal or legal (for example, when leasing property or transferring it to free use), and illegal - when committing illegal actions that deprive the owner of possession of his property (for example, during theft). In the latter case, the owner can file a vindication claim, that is, a claim for the recovery of an item belonging to him from someone else’s illegal possession, and if the item has not been preserved, then a claim for compensation for losses incurred in the amount of the value of the lost item can be filed, or the owner can resort to a claim for recovery unjust enrichment (that is, a qualifying claim). If it is discovered that the tortfeasor sold the stolen item and enriched himself by an amount exceeding the value of the stolen item, it seems fair that the owner should be compensated for the entire amount by which the tortfeasor enriched himself, regardless of the fact that the owner acquired it at a lower cost. . Consequently, the demarcation line between condiction and vindication can be drawn quite clearly: if property that belongs to the plaintiff by right of ownership is claimed from the defendant’s illegal possession, then vindication is evident. If, however, property is claimed that is defined by generic characteristics and is not separated from the defendant’s general property mass (for example, logs that are not equipped with a special mark and are depersonalized in the general set of logs owned by the defendant), then we're talking about about the conditional claim.

When considering the problem of the correlation of claims, one should not forget that the basis of civil legislation is the possibility of exercising civil rights by subjects of civil legal relations of their own will and in their own interest (Article 1 of the Civil Code of the Russian Federation). Based on this provision, the owner, as a participant in civil legal relations, is free to choose the method of protecting the violated right, that is, by general rule The legislator in a mandatory form does not prescribe to the subject which method of protecting the right to use in a given situation. In this connection, the owner, at his own discretion, has the right to bring any of two claims (contractual or vindication).

2. Correlation between methods of protecting property rights and claims regarding the consequences of invalidity of transactions.

Invalidity of the transaction means that an action performed in the form of a transaction does not give rise to legal consequences, i.e. does not entail the emergence, change or termination of civil rights and obligations (except for those related to its invalidity). According to paragraph 1 of Art. 166 of the Civil Code, all invalid transactions are divided into void and voidable.

A worthless deal is invalid by virtue of the rule of law at the time of its commission, therefore a court decision to declare it invalid is not required. The consequence of the invalidity of the transaction is in these cases bilateral restitution.

In practice, the question of competition between the rules concerning the consequences of invalidity of transactions and the rules of Chapter 20 of the Civil Code on the protection of property rights and other property rights. The essence of the conflict is that the requirement to return what was executed under an invalid transaction, based on clause 2 of Art. 167 of the Civil Code, sometimes an objection based on the inadmissibility of demanding property acquired for compensation from a bona fide purchaser can be countered.

Plenum of the Supreme Arbitration Court The Russian Federation outlined its approach to resolving this issue in paragraph 25 of the Resolution of February 25, 1998 “On some issues in the practice of resolving disputes related to the protection of property rights and other real rights”: if, under a compensation agreement, property was acquired from a person who did not have the right alienate it, and the owner filed a claim to invalidate the purchase and sale transaction and return the property transferred to the buyer, and when this dispute is resolved, it will be established that the buyer meets the requirements for bona fide purchaser(Article 302 of the Civil Code), claims for the return of property must be refused; if the ownership right is subject to state registration, such a court decision is the basis for registering the transfer of ownership to the buyer.

Obligation legal methods protection of property rights.

Property rights can also be violated indirectly, as a consequence of the violation of other, most often obligatory rights. For example, the person to whom the owner transferred his property under an agreement (tenant, custodian, carrier, etc.) refuses to return it to the owner or returns it with damage. Here we should talk about the application of legal obligations methods of protecting property rights. They are specially designed for cases where the owner is associated with the offender in an obligatory relationship. Legal obligations protection methods are therefore relative in nature and can be the object of any property, including both things (for example, goods to be transferred to the acquirer) and various rights (for example, non-cash money or “book-entry securities”, rights of use, etc. .P.).

However, legal obligations methods of protecting property rights are claims based on the obligation that exists between the owner and the violator of his rights under this obligation and his property rights.

Both property-law and liability-law claims are aimed in some cases at achieving a single result. For example, reclaiming property from someone else’s illegal possession and a claim for the return of what was received from the lessor under a lease agreement are aimed at obtaining the property in kind. Claims in rem protect the violated rights of the owner - possession, use, disposal, although the right of ownership itself may not be lost. Law of obligations claims are aimed directly at protecting the subjective rights of the creditor and are often aimed at obtaining a sum of money from the debtor.

Claims under the law of obligations can be based on contracts, as well as arising from outside contractual obligations. This:

Claims for compensation for losses caused by non-fulfillment or improper fulfillment of contracts;

Claims for the return of things provided for use under the contract;

Claims for compensation for damage caused;

Claims for the return of property acquired or saved unjustifiably.

Claims for compensation for losses caused by non-fulfillment or improper fulfillment of contracts. The use of legal obligations remedies for the protection of property rights on the basis of contractual relations depends on the subject of the contract, the violated contractual obligation, and the specific type of contract. In this case, protection is based on general norms law of obligations and standards designed for obligations of a certain type. Thus, according to Article 390 of the Civil Code of the Russian Federation, in the event of failure to fulfill the obligation to transfer an individually defined thing into ownership, the creditor has the right to demand that this thing be taken away from the debtor and transferred to him, the creditor.

The obligation to transfer property to the acquirer, due to which he has the right of ownership, is provided for as the main one in the rules governing a number of individual species contracts (Articles 454, 506 of the Civil Code of the Russian Federation, etc.).

Claims for the return of things provided for use under a contract. According to the Civil Code of the Russian Federation, the returned item must be in the same condition in which the debtor received it, taking into account normal wear and tear, or in the condition stipulated by the contract (Article 622 of the Civil Code of the Russian Federation). For this reason, for example, the tenant is obliged to use the property in accordance with its purpose and the agreement (Article 620 of the Civil Code of the Russian Federation) provides grounds early termination agreement at the request of the lessor. The owner is interested in ensuring that his property is used for its intended purpose and is not allowed to deteriorate. The damage to the lessor's property must be caused due to the fact that the property was or subsequently turned out to be faulty due to the fault of the lessee. In general, within the meaning of civil law, the person who has someone’s property is liable to the owner for loss, shortage or damage to the property. At the same time, the law establishes a limitation on the liability of the obligated person. It essentially consists in the fact that a person who has not fulfilled his obligation to preserve someone else’s property is liable in the presence of guilt (intention or negligence), except in cases where the law or contract provides for other grounds for liability. A person is recognized as innocent if he, with the degree of care and prudence required of him by the nature of the obligation and the conditions of turnover, took all measures for the proper fulfillment of the obligation (Part 1 of Article 401 of the Civil Code of the Russian Federation). However, the absence of guilt (in the form of intent or negligence) deprives the owner of the opportunity to make claims for compensation for losses by the person who lost the property.

Claims for compensation for property damage caused.

The Civil Code of the Russian Federation (Article 1064) obliges the person who caused property damage, reimburse it in full. The law provides for compensation for harm in two forms: natural (material) and monetary (compensation for losses).

In the event that damage is caused to the owner's thing, as a result of which it is impossible to restore the integrity of the damaged thing, or any of its qualities that allow the use of the functional, consumer and other qualities of the thing, and at the same time the property remains in possession, use and order of the owner and no third parties prevent the owner from using this thing, or an individually defined thing is lost irreversibly, then in this case only a compensatory form of restoring the rights of the owner regarding lost or damaged property is possible. The owner may, in court, impose civil liability in the form of compensation for damage caused to the person who caused the loss or damage to property. In this case, there must be a causal connection between the action or inaction of the harm-doer and the resulting damage.

According to the Civil Code of the Russian Federation, the person who caused the harm is exempt from compensation if he proves that the harm was caused through no fault of his own.

The person who caused the harm is released from compensation if he proves that the harm was caused through no fault of his own.

Losses to the injured owner are compensated in full. Article 15 of the Civil Code of the Russian Federation explains what is commonly understood as damages:

Expenses that a person whose right has been violated has made or will have to make to restore the violated right;

Loss or damage to his property ( real damage);

The lost income that this person would have received if normal conditions civil turnover͵ if his right had not been violated (lost profits).

At the same time, if the person who violated the right received income as a result, the person whose right was violated has the right to demand compensation, along with other damages, for lost profits in an amount not less than such income.

It is also extremely important to remember the three conditions inherent in modern theory civil liability:

Assumption about the guilt of the harm-cauter, if no evidence is provided about the guilt of third parties;

The person who caused the harm is released from compensation if he proves that the harm was caused through no fault of his own;

In cases provided by law, damage caused by lawful actions is also subject to compensation.

Compensation for losses, as a rule, takes place when it is impossible to restore the violated property right in kind for various reasons (lack of a similar thing, inability to correct the damaged thing, etc.) For this reason, losses are compensated in monetary form. In this case, here too, the basis for compensation is the fact of violation of property rights, and the amount of money constituting the compensated losses goes into the property of the victim.

Claims and return of property acquired or saved unjustifiably. Civil legislation provides that if a person, without sufficient grounds, established by law, other legal acts or transaction, acquired or saved property at the expense of another person, he is obliged to return to the latter the unjustifiably acquired or saved property (Part 1 of Article 1102 of the Civil Code of the Russian Federation). The established rule is characterized by universality to protect the interests of the owner both in case of loss of possession of property and illegal possession of property by third parties, and in case of demands of a party to an obligation to the other party for the return of what was performed in connection with the obligation, in case of restitution caused by the consequences of the invalidity of a transaction and in case of compensation for damage. , incl. caused by the dishonest behavior of the enriched person. In each of the listed situations, the owner protects his interests by filing an appropriate claim: a vindication claim, a claim for the return of things provided for use under the contract, for the application of the consequences of the invalidity of the transaction, or for compensation for damage caused.

Loss of property can also occur due to a misunderstanding or mistake. At the same time, the actions of the acquirer of property are not characterized in terms of legality or illegality. As a rule, the acquirer in these cases does not take any action at all. The most typical example of this would be the acquisition Money as a result of an error during a bank transfer of money. The bank makes a mistake when transferring and the money is transferred to the account of a person who has nothing to do with the payer. It doesn't matter whether erroneous transfer occurred due to the fault of bank employees, or as a result of an error by the person who transferred the money. The result is important: the transfer of money to a third party, and as a result, one is enriched at the expense of the third party without sufficient legal basis. In this case, compensation for losses of the injured owner is possible by filing a claim for the return of unjust enrichment.

In accordance with Article 133 of the Fundamentals of Civil Legislation, a person who, without grounds established by law or transaction, acquired property at the expense of another, is obliged to return to the latter the property acquired unjustifiably.

The law provides for both the return of unjust enrichment in kind and the reimbursement of the cost of unjust enrichment. As a general rule, property constituting unjust enrichment the acquirer must be returned to the victim in kind (Part 1 of Article 1104 of the Civil Code of the Russian Federation). In the event that it is impossible to return in kind unjustifiably acquired or saved property, the acquirer must compensate the victim for the actual value of this property at the time of its acquisition, as well as losses caused by subsequent changes in the value of the property, if the acquirer did not reimburse its value immediately after that , as I learned about the unjustified enrichment (Part 1 of Article 1105 of the Civil Code of the Russian Federation).

Study question 2. Other civil legal methods of protecting property rights

Legal obligations methods of protecting property rights. - concept and types. Classification and features of the category "Legal of Obligations methods of protecting property rights." 2017, 2018.

404 means the file is not found. If you have already uploaded the file then the name may be misspelled or it is in a different folder.

Other Possible Causes

You may get a 404 error for images because you have Hot Link Protection turned on and the domain is not on the list of authorized domains.

If you go to your temporary url (http://ip/~username/) and get this error, there maybe a problem with the rule set stored in an .htaccess file. You can try renaming that file to .htaccess-backup and refreshing the site to see if that resolves the issue.

It is also possible that you have inadvertently deleted your document root or the your account may need to be recreated. Either way, please contact your web host immediately.

Are you using WordPress? See the Section on 404 errors after clicking a link in WordPress.

How to find the correct spelling and folder

Missing or Broken Files

When you get a 404 error be sure to check the URL that you are attempting to use in your browser.This tells the server what resource it should attempt to request.

http://example.com/example/Example/help.html

In this example the file must be in public_html/example/Example/

Notice that the CaSe e sample and E xample are not the same locations.

For addon domains, the file must be in public_html/addondomain.com/example/Example/ and the names are case-sensitive.

Broken Image

When you have a missing image on your site you may see a box on your page with with a red X where the image is missing. Right click on the X and choose Properties. The properties will tell you the path and file name that cannot be found.

This varies by browser, if you do not see a box on your page with a red X try right clicking on the page, then select View Page Info, and goto the Media Tab.

http://example.com/cgi-sys/images/banner.PNG

In this example the image file must be in public_html/cgi-sys/images/

Notice that the CaSe is important in this example. On platforms that enforce case-sensitivity PNG and png are not the same locations.

404 Errors After Clicking WordPress Links

When working with WordPress, 404 Page Not Found errors can often occur when a new theme has been activated or when the rewrite rules in the .htaccess file have been altered.

When you encounter a 404 error in WordPress, you have two options for correcting it.

Option 1: Correct the Permalinks

1. Log in to WordPress.
2. From the left-hand navigation menu in WordPress, click Settings > Permalinks(Note the current setting. If you are using a custom structure, copy or save the custom structure somewhere.)
3. Select Default.
4. Click Save Settings.
5. Change the settings back to the previous configuration (before you selected Default). Put the custom structure back if you had one.
6. Click Save Settings.

This will reset the permalinks and fix the issue in many cases. If this doesn't work, you may need to edit your .htaccess file directly.

Option 2: Modify the .htaccess File

Add the following snippet of code to the top of your .htaccess file:

# BEGIN WordPress

RewriteEngine On
RewriteBase /
RewriteRule ^index.php$ - [L]
RewriteCond %(REQUEST_FILENAME) !-f
RewriteCond %(REQUEST_FILENAME) !-d
RewriteRule. /index.php [L]

#EndWordPress

If your blog is showing the wrong domain name in links, redirecting to another site, or is missing images and style, these are all usually related to the same problem: you have the wrong domain name configured in your WordPress blog.

How to modify your .htaccess file

The .htaccess file contains directives (instructions) that tell the server how to behave in certain scenarios and directly affect how your website functions.

Redirects and rewriting URLs are two very common directives found in a .htaccess file, and many scripts such as WordPress, Drupal, Joomla and Magento add directives to the .htaccess so those scripts can function.

It is possible that you may need to edit the .htaccess file at some point, for various reasons.This section covers how to edit the file in cPanel, but not what may need to be changed.(You may need to consult other articles and resources for that information.)

There are Many Ways to Edit a .htaccess File

• Edit the file on your computer and upload it to the server via FTP
• Use an FTP program's Edit Mode
• Use SSH and a text editor
• Use the File Manager in cPanel

The easiest way to edit a .htaccess file for most people is through the File Manager in cPanel.

How to Edit .htaccess files in cPanel's File Manager

Before you do anything, it is suggested that you backup your website so that you can revert back to a previous version if something goes wrong.

Open the File Manager

1. Log into cPanel.
2. In the Files section, click on the File Manager icon.
3. Check the box for Document Root for and select the domain name you wish to access from the drop-down menu.
4. Make sure Show Hidden Files (dotfiles)" is checked.
5. Click Go. The File Manager will open in a new tab or window.
6. Look for the .htaccess file in the list of files. You may need to scroll to find it.

To Edit the .htaccess File

1. Right click on the .htaccess file and click Code Edit from the menu. Alternatively, you can click on the icon for the .htaccess file and then click on the Code Editor icon at the top of the page.
2. A dialogue box may appear asking you about encoding. Just click Edit to continue. The editor will open in a new window.
3. Edit the file as needed.
4. Click Save Changes in the upper right hand corner when done. The changes will be saved.
5. Test your website to make sure your changes were successfully saved. If not, correct the error or revert back to the previous version until your site works again.
6. Once complete, you can click Close to close the File Manager window.

Legal obligations methods of protecting property rights are understood as claims based on the obligation that exists between the owner and the violator of his character under this obligation and his property rights. Claims under the law of obligations can be based on contracts and also arise from non-contractual obligations. These are: 1. claims for compensation for losses caused by non-fulfillment or improper fulfillment of contracts. Application legal obligations means of protecting property rights on the basis of contractual relations depends on the subject of the contract, the violated contractual obligation, and on the specific type of contract. In this case, the protection is based on the general rules of the law of obligations and the rules designed for obligations certain type. So, according to Art. 398 of the Civil Code of the Russian Federation, in the event of failure to fulfill the obligation to transfer an individually defined thing into ownership, the creditor has the right to demand that this thing be taken away from the debtor and transferred to him, the creditor. The obligation to transfer property to the acquirer, as a result of which he acquires the right of ownership, is provided for as the main one in the rules governing a number of certain types of contracts (Articles 454, 506 of the Civil Code of the Russian Federation, etc.);

2. claims for the return of things provided for use under the contract. According to the Civil Code of the Russian Federation, the item returned must be in the same condition in which the debtor received it, taking into account normal wear and tear, or in the condition stipulated by the contract (Article 622 of the Civil Code of the Russian Federation). Therefore, for example, the tenant is obliged to use the property in accordance with its purpose and agreement. Article 619 of the Civil Code of the Russian Federation provides grounds for early termination of the contract at the request of the lessor. The owner is interested in ensuring that his property is used for its intended purpose and is not allowed to deteriorate. Damage to the landlord's property may be caused due to the fact that the property was or subsequently turned out to be faulty due to the fault of the tenant. In general, within the meaning of civil law, the person in possession of someone’s property is liable to the owner for loss, shortage or damage to the property. However, the law establishes a limitation on the liability of the obligated person. It lies in the fact that a person who has not fulfilled his obligation to preserve someone else’s property is liable in the presence of guilt (intention or negligence), except in cases where the law or contract provides for other grounds for liability;

3. claims for compensation for property damage. Article 1064 of the Civil Code of the Russian Federation obliges the person who caused property damage to compensate it in in full. The law provides for compensation for harm in two forms: natural (material) and monetary (compensation for losses).

If damage is caused to the owner's thing, as a result of which it is impossible to restore the integrity of the damaged thing or any of its qualities that allow the use of functional, consumer and other qualities of the thing, and at the same time the thing remains in the possession, use and disposal of the owner, and no third parties prevent the owner from using this thing, or an individually defined thing is lost irreversibly, then in this case only a compensatory form of restoring the rights of the owner regarding lost or damaged property is possible. The owner may, in court, impose civil liability in the form of compensation for damage caused to the person who caused the loss or damage to the property. In this case, there must be a causal connection between the action or inaction of the harm-doer and the resulting damage.

59. Obligation: concept, content, grounds for occurrence, classification.

An obligation is a legal relationship that is regulated by property rules of law, by virtue of which one person is obliged to perform a certain action in favor of another person: transfer property, perform work, pay money, etc. - or refrain from a certain action, and the creditor has the right to demand from the debtor fulfillment of his duties. There are two parties involved in an obligation relationship – the authorized and the obligated. The authorized party has the right to demand that the obligated party perform certain actions. Obliged Party must perform certain actions in favor of the authorized party. The entitled party is called the creditor, and what belongs to him subjective right– right of claim. The creditor is an active party to the obligation. The obligated party is called the debtor, and the obligation lying on it is called the debt. The debtor is recognized as a passive party. He performs his actions at the request of the creditor, subject to the rights of the creditor. Legal content obligatory legal relationship – the right of claim of the creditor and the debt of the debtor. The object of the obligation is the actions of the debtor. Based on the grounds of occurrence, all obligations are divided into contractual (arising on the basis of an agreement) and non-contractual (based on other legal facts).

Contractual obligations are divided into obligations by: sale of property; provision of property for use; performance of work and provision of services; insurance; By joint activities; settlements and lending; mixed obligations.

Non-contractual obligations share on obligations from unilateral transactions and protective obligations. Also obligations are divided into:

1) simple - they contain only one right and obligation, and complex - there are several rights and obligations);

2) single-subject - the debtor is obliged to transfer a specific item, alternative - the debtor must transfer an item of his choice from several, and optional obligations - the debtor is obliged to perform certain actions, and if it is impossible to perform such actions, he is given the opportunity to perform other actions;

3) obligations related and not related to the personality of the debtor or the personality of the creditor;

4) main and additional obligations. Legal facts, on the basis of which obligations arise are usually called the grounds for the emergence of obligations. Most common basis for the emergence of obligations– contract (purchase and sale, barter, etc.). Unilateral transactions (debt forgiveness, donation and other transactions that do not contradict the law) can also serve as the basis for the emergence of obligations.

In addition to contracts, obligations can arise from acts of state authorities and authorities local government(the content of the obligation arising from such an act is determined by this act itself), unlawful actions (delicts) and tortious obligations arising on their basis, as well as events.

Property rights can also be violated indirectly, as a consequence of the violation of other, most often obligatory rights. For example, the person to whom the owner transferred his item under the contract (tenant, custodian, carrier, etc.) refuses to return it to the owner or returns it with damage. Here we should talk about the application of legal obligations methods of protecting property rights. They are specially designed for cases where the owner is bound by obligations with the offender, most often contractual relations, and therefore are usually applied to the faulty counterparty under the contract, taking into account the specific features of the relationship between the parties.

Legal methods of protection are therefore relative in nature and can be the object of any property, including things, as well as various rights (for example, non-cash money, rights of use, etc.). They are discussed in detail when studying the law of obligations. But since in the above situations, one way or another, the right of the owner (or the subject of another property right) is violated, the question may arise as to which of the two indicated types of civil legal protection: property law or law of obligations - the victim has the right to resort to, from the offense person. Our legislation does not provide the opportunity to choose the type of claim, and does not allow the so-called. competition of claims characteristic of the Anglo-American, and not the continental European legal order. If there are contractual or other obligations special, legal obligations, and not proprietary legal requirements must be presented in defense of their rights precisely because there are relative, and not absolute, legal relations between the parties to the dispute.

End of work -

This topic belongs to the section:

The subject of civil law as a branch of law. Like all branches of law

Civil law is a set of legal norms regulating social relations of property and personal non-property nature.. Civil law as a branch of law regulates legal relations arising.. Like all branches of law civil law has its own subject and method legal regulation distinguishing civilian...

If you need additional material on this topic, or you did not find what you were looking for, we recommend using the search in our database of works:

What will we do with the received material:

If this material was useful to you, you can save it to your page on social networks:

All topics in this section:

1. The right of ownership and other real rights to immovable things, restrictions on these rights, their occurrence, transfer and termination are subject to state registration in a single state register

1. A citizen has the right to demand in court a refutation of those discrediting his honor, dignity or business reputation information, unless the person disseminating such information proves that it corresponds

Transaction form
The transaction can be concluded orally or in writing. The written form, in turn, can be simple or notarial. Often the transaction is preceded framework agreement. To implement

1. A transaction in writing must be concluded by drawing up a document expressing its contents and signed by the person or persons entering into the transaction, or duly

1. Non-compliance notarial form, and in cases established by law, requirements for state registration of a transaction entail its invalidity. Such a transaction is considered insignificant

Invalidity of part of the transaction
Certain conditions (part of the conditions) of a transaction may be declared void or voidable. Grounds for invalidity individual conditions transactions may have conflicting requirements

Application of the limitation period
Filing a claim in court is possible even after the expiration of the statute of limitations (clause 1 of Article 199 of the Civil Code). The court does not have the right to refuse to consider such a claim, in particular because only as a result of the proceedings

1. Duration of the term limitation period is suspended: 1) if the filing of a claim was prevented by an extraordinary and unavoidable circumstance under the given conditions (insurmountable

Subjects and objects of property
Property relations arise only under the condition of the existence of two subjects. An example is the famous Robinson Crusoe. He was not the owner, although he had things for his own use

Limited real rights
In addition to the right of ownership, the owner of which has unlimited opportunities to manage a thing (except for cases when the powers of the owner are limited by law), there are other property rights

Property-legal methods of protection
Depending on the nature of the encroachment on the rights of the owner and the content of the protection provided, one can distinguish following methods protection: property law, law of obligations and other methods

Other methods of protection
There are other civil legal methods for protecting property rights: claims against government and administrative bodies, claims to invalidate an act that violates property rights,

1. One or several persons may participate in an obligation as each of its parties - creditor or debtor.

Invalidity of the creditor's claims If the place of performance is not determined by law, other legal acts or agreement, or is not clear from customs business turnover

or the essence of the obligation, performance must be 1. Citizens and legal entities

1. A public contract is an agreement concluded by a commercial organization and establishing its obligations for the sale of goods, performance of work or provision of services that

Pre-contractual disputes and the procedure for their settlement
The procedure for resolving pre-contractual disputes is regulated by Art. 446 of the Civil Code of the Russian Federation. This article is entitled “Pre-contractual disputes” and is devoted to disputes that arise before the conclusion of a contract. Such disputes in

Cases of liability regardless of fault
The absence of guilt of the offender exempts him from civil liability according to the general rule, from which there are very numerous exceptions. In cases established by law or