Property-legal and legal-of-obligations methods of protection. Legal obligations methods for protecting property rights

Defense of VP refers to actions that are aimed at stopping violations strangers the possibility of a person owning any property that belongs to him by law. For example, if someone took possession of a person’s thing illegally, invaded his territory, and used it at his own discretion.

If a person does not give the item upon request, transferred to him by the owner for temporary possession and use. Either he does things with it that he has no legal right to do (sale, provision to another person, etc.) or by agreement with the owner (for example, changes that cannot be corrected, acts that cause damage to property, etc.).

Protection of the EP provides for both measures to restore the right and eradicate its violations, and measures against the violator.

IP protection is a similar process aimed at eliminating violations and challenging this right, and also the possible punishment of violators. PS is purchased simultaneously with the purchase of the item. Thus, it is given to a person who bought property, who received it as a gift, who received it in exchange for other property, or by inheritance.

Besides this, PS acquired upon discovery of the thing or after the expiration of the acquisition limitation period.

In the last two options, for reliability and the ability to then unhindered protection of one’s own rights, the fact of acquisition of the software must be formalized and legally certified.

In other options, the fact that a person has such a right is confirmed specific documents about the acquisition or other confirmations that indicate the transfer of property to a person into his full possession.

System of civil legal methods for protecting property rights

The legislative system related to the protection and protection of airspace represents certain comprehensive measures, which, depending on the situation and method, are aimed:

• for the direct protection of rights to property, including property rights;
• if there are problems with entry and acquisition of such rights, to eliminate these problems;
• on certain punishment violators real rights person.

Methods of protecting airborne assets should not be confused with methods of protecting them. When we talk about security, we mean wide range measures All of the above goals are pursued different methods civil law methods of protecting VP.

Their main purpose is to create conditions for the owner for the unhindered use of his property, the basis for the absence of doubts about the legality of his possession of this property by other people and eliminate, if any, all violations of this right.

But the methods of direct civil legal protection of VP differ slightly in own goal. Their main purpose is to remove violations related to property relations and create consequences for violators.

Thus, when filing a lawsuit with a desire to directly protect property and rights to it, a person must assume that his PS has been violated by someone or is at least disputed. In other options, claims will most likely concern more civil protection VP than to defense.

Before filing a claim, you should correctly formulate your problem. After reading the relevant sections and articles Civil Code, it is necessary to determine what type of alleged claims belong to, and the purpose of what method is expected from the court’s decision.

Checking the compliance of the measures that a person is going to ask the court to apply with the measures prescribed in the code for this problem will help to correctly determine the claims and minimize the likelihood of the court refusing to satisfy them.

Property legal methods for protecting property rights and other property rights

There are several sets of methods for civil legal protection of VP, each of them will be discussed in detail below.

Claims related to proprietary methods of protecting proprietary rights and property rights.

1. Vindication claim.
2. Negative claim.

The third point in this article will be given special attention. For now, let's look at the rest of the claims. We wrote about their differences in.

Vindication claim

It is based on a situation where a person who legally has a property title for a specific property practically does not possess it. In this case, the claim is considered to be the forced exclusion from the defendant of property that does not belong to him. In court, the plaintiff will need to prove that he owns the IP for the thing being discussed.

Legal obligations methods for protecting property rights and property rights

The basis of such methods is not a direct violation of the PS, but an indirect one. In other words, if real-law methods are focused on eliminating acts that in no way allow one to possess or fully use property, then legal-of-obligations methods for protecting real rights are intended to eliminate other violations.

Let's consider claims that relate to the following methods:

1. Claims for damages caused either by actions that do not comply with a previously concluded contract, or by complete non-compliance with it.
2. Claims for compensation for damages related to damage to property that was given to a person for temporary use under a contract.
3. A claim for compensation for damages that arose as a result of damage to property.

In the first case there are many options claims, preventive measures and so on. All this depends on the nature of the previously concluded contract, the size and nature of the losses.

The basis of claims for damages to a person To whom, according to the agreement, the property was transferred for temporary use, the main problem lies when the thing is returned from temporary use with noticeable deterioration.

However, unless the contract stipulates otherwise, according to the law, wear and tear of an item, which is considered normal for such a period of use, is not considered deterioration due to the fault of the person who took this item for temporary use.

In addition, if there is no clause in the contract, which refutes this, if the person who took the property for temporary use did everything in his power to preserve normal condition things, but this did not help and the thing was still damaged, the person is not found guilty of causing damage to property. Thus, the main cause of action is damage to property caused by negligence or malice.

- this is a statement, the main requirements of which are the return to the ownership of the rightful owner of the property that turned out to be in the possession of another person. Or compensation for this property. The grounds for such a claim can be either intentional actions of the plaintiff or defendant, or erroneous actions committed without malicious intent by them or third parties.

Such claims differ from vindication claims in that in the latter the subject of the dispute is a certain thing. Conditional claims consider disputes regarding property that cannot be accurately determined. Which, having become the property of the defendant, was mixed with other similar things.

For example, when we're talking about about money - you cannot determine it individually, because we are talking about a homogeneous mass, where only a part belongs to the plaintiff. Therefore, a vindication claim will not help here.

You can find out about conditional obligations.

Other civil legal methods of protection

The main claims that fall under such methods are claims for recognition of IP and applications to authorities state power and management.

The first lawsuits are a way to protect VP using judicial recognition that a person legally owns specific property. Most often, statements of this nature are submitted due to other people challenging the PS or the inability to carry out a certain legal procedure due to doubts about this right among responsible people.

Claims for recognition of IP have some differences depending on the specifics. So, claims for recognition of IP differ:

• inherited;
• privatized;
• for an apartment;
• on house;
• absent;
• to the garage;
• other cases.

Claims against government agencies power and management are often based on problems when certain authorities or responsible people violate a person’s PS on the basis of any acts with which the legitimate owner does not agree.

Such documents may be acts on the seizure of property from the owner due to non-payment of taxes, non-payment of a loan, and the like. Such claims must be filed in court if the owner does not agree with the legality of such measures.

Property law protection of the tenant's rights

The tenant is considered the practical and legal owner of the property in accordance with the contract, and therefore has the same rights to protect the leased property as the full legitimate owner.

That's why, in case of non-compliance with the rights of the person renting the property, he has the opportunity to file a claim claiming to use one of the proprietary methods of protecting the IP, depending on the nature of the violation. Moreover, a claim can also be filed against the lessor (full legal owner) under specific conditions.

Thus, tenants have every chance to protect own rights for leased property in full on an equal basis with other owners.

Most disputes arising on the basis of property relations can be solved with judicial trial . The main thing is to determine exactly what problem you are facing and what type of protection it relates to. It is advisable to familiarize yourself with a comprehensive amount of information in order to avoid mistakes in statement of claim and other details.

But to maximize the likelihood of success in the proceedings, you should still contact a lawyer to get advice on the issue at hand.

Claims under the law of obligations may be based on contracts and may also arise from non-contractual obligations. This:

Claims for compensation for damages caused by failure to perform or improper execution 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. Application of legal obligations remedies for the protection of property rights based on contractual relations depends on the subject of the contract violated contractual obligation, from specific type agreement. In this case, the protection is based on general standards law of obligations and standards designed for obligations a certain type. So, according to Article 390 of the Civil Code Russian Federation, in case 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 ownership rights, is provided for as the main one in the rules governing a number of individual species contracts (Article 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). Therefore, 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. 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. Overall, meaningful civil legislation, the person who has someone’s property is responsible to the owner for loss, shortage or damage to the property. However, the law establishes a limitation of liability 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. A person is recognized as innocent if, with the degree of care and prudence required of him by the nature of the obligation and the conditions of turnover, he took all measures to proper execution obligations (Part 1 of Article 401 of the Civil Code of the Russian Federation). Thus, 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.

The guarantee of the implementation of any right is the establishment of a system of norms that ensure adequate protection this right. Article 44 of the constitution guarantees everyone the right to property and its inviolability. Without established by law guarantees and protection, the very existence of real rights would be immaterial. Article 11 of the Civil Code provides sample list ways to protect civil law. Civil protection of property rights- this is a set of means provided for by civil law, applied in connection with the violation of these rights and aimed at restoring or protecting property interests their owners. Protection and protection of property rights is carried out by the norms of not only civil, but also criminal, administrative, land and other branches of law. The protection of civil law property relations is carried out by establishing the grounds for emergence and termination, regulating these relations, as well as establishing civil law methods of protection in case of their violation.

Civil legal methods protection of property rights can be divided into 3 independent groups:

1) property rights

2) Law of obligations

3) other methods

1) proprietary methods of protection are characterized by the fact that are aimed directly at protecting the right of ownership as an absolute subject of law, has no connection with any specific obligations, have the goal of restoring the ownership, use and disposal of the owner of a thing belonging to him, or eliminating obstacles or doubts in the exercise of these powers.

Highlight following features proprietary methods of protection: absence obligatory relationship between the owners of the right and the violation of the right (the presence of a relationship agreement of any kind excludes the possibility of using these methods)

The absolute nature of the protected rights, i.e. the presence of an indefinite number of subjects obligated to refrain from violating property rights

The possibility of bringing one of the proprietary claims only by the owner of the property or the subject of other proprietary rights. Property law methods of protection correspond to property rights claims:

Claims for the recovery of property from someone else’s illegal possession (vendication claim)

Claim for elimination of violations not related to deprivation of possession (negative claim)

Claims for recognition of ownership rights

The second group of methods for protecting property rights is characterized by the fact that the possibility of their application does not follow from the right of ownership, but is based on other legal institutions. Their features:

1) arise not from property rights, but from legal obligations

2) arise only from relative legal relations

3) the violator of the right is always a specific, previously known person

Remedies under the law of obligations correspond to claims under the law of obligations:

Claims for recovery of losses caused by non-fulfillment or improper fulfillment of obligations claims for the return of things under the contract

Claims for compensation for damage caused (tort liability)

Claims for the return of property acquired or saved unjustifiably

The third group of methods for protecting property rights consists of: t

Protecting the interests of the parties in the event of a transaction being declared invalid

Protection property rights owner declared dead by court

Protection of property rights in the event of its termination for reasons provided by law

2.Vendication claim- this is a non-contractual demand of the non-possessing owner to the possessing non-owner (the actual owner of the property) for the return of the latter in kind. In order to compensate for the brought Vendication claim, it is necessary to simultaneously have following conditions:

1) the owner must be deprived of possession of the property against his will, and 3 circumstances must be taken into account:

Only the owner can be the plaintiff

The property must be removed from the actual possession of the owner

The disposal of property must occur against the will of the owner, i.e. the claim is non-contractual in nature.

2) the property that the owner has lost must be preserved in kind and located in actual possession another person

3) the object of a vendication claim can only be individually determined property.

Plaintiffs in a vendetta claim can be divided into 4 groups:

Owner of the item

Title owner - the person who owns the property legally(under a storage or rental agreement)

A person who holds other real rights

Long-standing owners (Article 235 of the Civil Code)

The defendant in a Vendication claim is always the actual owner of the property. The subject of the claim is a demand for the return of property from someone else's illegal possession.

3. Non-contractual requirement of the owner in possession of a thing to a third party to remove obstacles in the exercise of the right to own, use and dispose of property. Traits negative claim:

1) the plaintiff may be the owner or other title holder of the property

2) the property must be in the possession of the owner or other title holder

3) the plaintiff and defendant must not be in contractual or other obligatory legal relations with each other regarding the disputed thing

4) a claim may be brought as long as the obstacle lasts or its consequences are not eliminated.

The plaintiff must meet the following conditions:

1) be the owner or other title holder of the thing

2) must own the thing, but be limited in the ability to use or dispose of it in his own interests and at his own discretion

3) the defendant may be a person whose illegal behavior creates obstacles that interfere with the normal exercise of the right to enjoy, regardless of his guilt.

4) A claim for recognition of the right of ownership of any property can be not only the law of property, but also the law of obligations, and most often it is applied as a law of obligations. Property law- this is a claim that does not arise from any obligatory legal relationship and the resolution of which is not carried out on the basis of the rules contract law, inheritance law, marriage and family law or other similar rules of law.

Claim for recognition of ownership rights as a proprietary claim is a non-contractual demand of the property owner to establish before third parties the fact that the plaintiff has ownership rights to specified property, not connected to specific requirements on the return of property or the elimination of other obstacles not related to deprivation of possession. For example: a claim for recognition of ownership of a residential building due to the loss and impossibility of restoring title documents.

Such a claim is possible if the following conditions are met:

1) absence of contractual relations between the plaintiff and third parties

2) absence of the fact of deprivation of possession of property

3) the absence of other obstacles in the exercise of powers of use and disposal not related to deprivation of possession

5) the presence of an individually defined thing as the object of the claim.

The subject of the claim is only a statement of the fact that the plaintiff owns the right of ownership or other proprietary right to specific property, but not the fulfillment by third parties of any specific obligations.

The decision on the claim eliminates doubts about the right, provides the necessary confidence in the existence of the right, gives certainty to the relationship of the parties and serves as the basis for the exercise of specific powers to own, use and dispose of this property in the future.

The basis for the claim are those circumstances that confirm the plaintiff’s ownership or other proprietary rights to the property. The claim is satisfied by the court in all cases where the plaintiff can prove his right to the property and confirm this right with documents or testimony.

53. Obligation: concept, content, basis for occurrence, classification

An obligation is the most common type of civil legal relationship. Specific features, distinguishing obligations from other civil legal relations: 1) the subjects of the obligation can be strictly defined persons: the debtor (the party obliged to commit specific action or refrain from performing an act) and the creditor (the party entitled to demand the performance of a certain act or abstain from an act). Commitment is relative civil legal relationship, which constitutes a qualitatively different legal relationship between the participants than that which takes place in absolute legal relations, for example, in legal relations of property. The obligatory legal relationship represents the unity of obligation and authority; 2) the objects of obligations can be certain actions of transferring property, paying money, performing work, etc. or refraining from taking action; 3) obligations mediate the processes of moving property (for example, buying and selling), providing services (for example, storage), performing work (for example, contracting), i.e. they are a legal form of economic turnover or represent legal form economic ties in dynamics, in contrast to legal property relations that mediate economic relations in their statics; 4) the exercise of a subjective right of obligation by a creditor, as a rule, is possible only if the debtor performs actions that constitute his obligation. This obligation differs from others subjective rights, for example, the holder of a property right can exercise it without resorting to the assistance of other persons; 5) the implementation of obligations is ensured by measures of state coercion in the form of sanctions, i.e. unfavorable for a person provided for by law legal consequences that occur if he commits an offense. Sanctions include: payment of a penalty, compensation for losses, compensation moral damage. Typical shape enforcement of a sanction is claim protection. By contacting judiciary with a claim, the creditor can receive satisfaction from the debtor in the form of monetary compensation or in kind, or both together. Thus, the law of obligations is a set of legal norms regulating property relations arising in connection with the transfer of property, provision of services, performance of work, causing harm or unjustified acquisition of property by establishing legal connection between specific subjects of law, by virtue of which one of them (the creditor) has the right to demand from the other (the debtor) to perform certain actions or refrain from them. § 1. Concept, types and grounds for the occurrence of obligations According to Art. 307 of the Civil Code of the Russian Federation, by virtue of an obligation, one person (debtor) is obliged to perform a certain action in favor of another person (creditor), such as: transfer property, perform work, pay money, etc. or refrain from a certain action, and the creditor has the right to demand that the debtor fulfill his obligation. Types of obligations 1. Contractual (for example, an annuity agreement) and non-contractual (for example, obligations due to harm). 2. Unilateral (for example, a will) and mutual (for example, a purchase and sale agreement). 3. Alternative (for example, a purchase and sale agreement) and when the debtor performs a precisely defined action (for example, a loan agreement); 4. Obligations that are strictly personal in nature (for example, copyright agreement), and obligations in which the identity of their subjects does not affect the emergence, change and termination of the legal relationship (for example, the creditor may be replaced). The grounds for the emergence of obligations are legal facts, with which the law connects the onset of an obligatory legal relationship: - agreement; - one-sided deal; - administrative act; - causing harm; - unjust enrichment; - event.

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 has an obligatory relationship with the offender. Legal methods of protection 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.).

Thus, the 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 sum of money from the debtor.

In practice, a combination of these methods of protection often occurs. For example, when reclaiming property from someone else’s illegal possession, damages are recovered. However, the question may arise as to which of the two indicated types of civil legal protection the person injured by the offense has the right to resort to. 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. Claims in rem cannot be brought even in the absence of an individually defined thing as the subject of a dispute (for example, in the event of its destruction).

Claims under the law of obligations can be based on contracts and also arise from non-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 the general rules of the law of obligations and rules designed for obligations of a certain type. Thus, according to Article 390 of the Civil Code, 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, etc.).

Claims for the return of things provided for use under a contract. According to the Civil Code, 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). Therefore, for example, the tenant is obliged to use the property in accordance with its purpose and agreement. The Civil Code (Article 620) 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 who has 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. A person is recognized as innocent if, with the degree of care and prudence required of him by the nature of the obligation and the conditions of turnover, he took all measures for the proper fulfillment of the obligation (Part 1 of Article 401 of the Civil Code of the Russian Federation). Thus, 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. The Civil Code (Article 1064) obliges the person who caused property damage, refund it to in full. The law provides for compensation for harm in two forms: natural (material) and monetary (compensation for losses).

In the event that the owner’s thing is damaged, 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 the possession, use and disposal of the owner and no third parties do not 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 judicial procedure assign 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, the person who caused the harm is exempt from compensation if he proves that the harm was not caused through his fault.

In the context of current legislative changes content and legal nature the real rights of citizens to residential premises remains insufficiently studied. The legislator and the civil doctrine are faced with the task of not only a comprehensive study of the design of real rights to residential premises, but also the search for new solutions and approaches to the construction and systematization of such rights. Great amount litigation about real rights to residential premises indicates insufficient development existing system regulation of relevant institutions.

The above indicates the insufficiency of the research and the need to analyze existing problems (including theoretical ones) within the framework of the construction of the real rights of citizens to residential premises from the theoretical, practical and law enforcement side.

Obligatory - legal methods of protecting property rights are based on an agreement, an obligation between the owner and the person who violated his rights. In contrast to material legal methods of protecting the ownership of residential premises, legal obligations often have the goal of obtaining a sum of money from the violator, and not the thing in kind; less often, such claims can be used to return property.

Legal obligations methods of protection are used when a passive (obligated) subject, consisting of authorized person in a relative (obligatory) legal relationship, does not fulfill (performs inappropriately) an obligation imposed on him by agreement or law, the subject of which is immovable thing. For example, a seller, having concluded a contract for the sale and purchase of residential premises, evades state registration transfer of ownership of it. The peculiarity of the law of obligations protection methods is that they can be used both for the return of property, and it does not matter whether it is individually determined or generic (unlike claims in rem aimed at protecting the right of ownership in relation to individually defined property), and to compensate for losses associated with the loss of property. For example, a claim for the application of the consequences of the invalidity of a transaction can be filed in the form of a restitution claim (i.e., a claim for the return received under the transaction, if it was preserved in kind) or a claim for compensation for the value of what was transferred in money.

Obligatory legal methods of protecting property rights are divided into: contractual, non-contractual. They include: a) claims for compensation for losses caused by non-fulfillment or improper fulfillment of contracts; b) claims for the return of things provided for use under the contract; c) claims for compensation for damage caused; d) claims for the return of property acquired or saved unjustifiably.

Sometimes the legal obligations methods of protecting property rights include a claim to declare a transaction invalid (an example is the decisions of a number of courts)88.

Therefore, a claim to declare a transaction invalid, along with a claim to apply the consequences of the invalidity of a transaction, can be recognized as such a way of protecting the right of ownership from a person who considers himself the owner of the property. invalid grounds, which is aimed at returning the title.

In conjunction " invalid transaction-application consequences of an invalid transaction”, the second element is predominantly considered as a method of protecting civil rights. Apparently, this is due to the fact that it mediates the return of possession or allows compensation for the cost of lost property. invalid transaction, i.e. has a visible effect. In addition, many lawyers consider the invalidation of a transaction only as a prerequisite for applying the consequences of the invalidity of the transaction, including restitution. This neutralizes the independent significance of the method of protection under consideration.

We believe that there is no need to implore the role of the requirement to invalidate a transaction as a way to protect civil rights. The fact is that the loss of the “transaction effect” is no less powerful than the movement of property or Money. In addition, each of the above methods can be aimed at protecting various legal relations. So, for example, with a claim to invalidate a transaction, the seller can defend himself against the buyer’s demand to fulfill the obligation in kind, retaining not only the title, but also possession. At the same time, it is permissible to use a claim to apply the consequences of the invalidity of a transaction to return possession or monetary compensation. Thus, the requirement to invalidate the transaction as a way to protect property rights is aimed at destroying the title of the acquirer.

Concerning real estate, then the loss of title by the acquirer is not sufficient for effective protection rights of the real owner and he is forced to turn to other methods of protection, in particular, the application of the consequences of the invalidity of the transaction, recognition of property rights, invalidation of a registered right, etc. This state of affairs is connected with the state registration of property rights, more precisely, the existence of departmental documents defining activities of institutions for state registration of rights to real estate.

The relationship between property law and liability claims in the literature has not received an unambiguous assessment. Discussion in in this case is the question of the possibility of moving from a contractual claim to a vindication claim.

In our opinion, the preferable point of view is one that denies the possibility of transferring from one claim to another, since the illegal owner and the owner under the contract are in different legal provisions. A person who owns property under a contract, unlike an illegal owner, has certain rights to property, and these rights are subject to protection. If in this case we allow the possibility of presenting vindication claim, they can be significantly disrupted. Such violations, for example, include the requirement to vacate residential premises if expired housing rental agreements.

Bibliography

1 Mikheeva D.Yu. System of citizens’ rights to residential premises // Law. 2005. No. 6.

2. Sitdikova L.B., Shikina S.N. Features of the alienation of residential premises with the participation of a minor under the legislation of the Russian Federation // Family and housing law. 2013. No. 3. P. 33-36.

3. Sitdikova L.B., Shilovskaya A.L. Execution of court decisions to determine the order of implementation parental rights parent living separately // Family and housing law. 2011. No. 3. P. 19-23.

4. Starodumova S.Yu. Real estate concept in civil law// Legal world. 2015. No. 5. P. 42-45.

5. Construction and housing law: tutorial/ ed. N.M. Konovalova, V.K. Pisarenko, A.L. Shilovskaya - M.: Moscow State. acad. communal services and construction, 2010. pp. 56–58.

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81 See: for more details: Sitdikova L.B., Shilovskaya A.L. Execution of court decisions to determine the procedure for the exercise of parental rights by a parent living separately // Family and housing law. 2011. No. 3. P. 19-23; Sitdikova L.B., Shikina S.N. Features of the alienation of residential premises with the participation of a minor under the legislation of the Russian Federation // Family and housing law. 2013. No. 3. P. 33-36.