Protection of property rights: the concept, principles, basic methods

The right to property and its protection constitute one of the most important areas of civil litigation in all developed and most developing countries. It is the indicator of the security of a citizen's personal property that is largely determining when analyzing the state of the legal field in a given state.

Protection of property rights, in accordance with domestic law, is nothing more than an interconnected complex of various regulatory and organizational measures that are aimed at restoring the violated rights of a citizen. The main methods of this process are real and obligatory measures.

The most complex in their organization are the latest methods. They apply if protection of the right of ownership implies that the plaintiff and the defendant at the time the offense was committed were bound by certain contractual obligations. Such situations have recently become quite common in Russia, the violation of contracts begins to be more and more widespread every year.

At the same time, more common are the real ways, which imply that the parties to civil relations did not bear any obligations to each other at the time of the commission of the offense. In this case, the protection of the right of ownership may constitute the preparation of negatory or vindicative lawsuits. It is also worth noting here that property measures can be applied only in relation to individually defined subjects. If in the course of the process it turns out that the thing was irretrievably lost, then the plaintiff can count only on reimbursement of material and moral losses incurred by him.

Vindication lawsuit is the measure that was meant by the protection of property rights in Roman law. And now this method is considered the main in the civil relations of most countries. It means the claim of a person who is not the owner of this thing, to the one who owns it illegally. In the course of the process, the plaintiff must prove his right to this object, that is, with the help of legal facts, to argue his legal title.

In the course of the process, the question of the income that an illegal owner received (or could have) from an illegal owner during the time that the thing belonged to him often enough arises. In this case, if the claimant proves his right to it, then he can demand compensation of all potential incomes. At the same time, the illegal owner will most likely demand compensation for all costs for the maintenance of this facility.

Protection of property rights often also presupposes the preparation of a negator claim. This legal document is a statement of the owner that there are certain obstacles in the way of exercising his right to own, dispose of or use this or that property. It is worth noting that negator claims do not have statute of limitations under Russian law , so they can be brought at any time when the owner of an object finds that his rights are being infringed. In addition, in the event that the court satisfies his claim, the plaintiff has the right to demand from the defendant to compensate him for the damage.