Vindication lawsuit and negator lawsuit: the main differences

Two types of actions (vindication and negator) are important elements of civil law. With their help, property is protected. Although in general the functions of these institutions are the same, there are several differences between them, without knowledge of which it is difficult to imagine the judicial system of any country, including Russia.

Key differences

Traditionally, a vindication claim and a negator lawsuit cause confusion due to its imaginary identity. In fact, there are fundamental differences between them. A non-legal action is only possible when the thing remains in the possession of the owner. In the case of the vindication requirement, the situation is different. Such a claim is used when things are not in the possession of the owner, and it is owned by a person who does not have the right to it.

There are other important points that distinguish two close concepts. Vindication lawsuit and negator lawsuit have different purposes (the negator is needed, rather, to protect the right of use than to protect the ownership of possession). The third factor is no less decisive. A negator case has no statute of limitations, and this means that no prescription can prevent it from satisfying (the vindication has 3 years).

Specifics of vindication claims

Vindication is the claim of a non-possessive owner to another owner of a non-owner. The name has Latin roots. And this is not surprising, because all modern jurisprudence appeared thanks to the system of ancient Roman law. The Latin phrase vim dicere can literally be translated as "declaring the use of force".

Here it should be noted that vindicative lawsuit and negator lawsuit apply equally to legal and proprietary methods of defense. This concept has a special legal status. Vindication lawsuit can be presented to any owner of the required thing, if it does not consist of the owner in the contractual relationship.

There are some limitations, which are detailed in the Civil Code. Thus, vindication can only be used with respect to a physically preserved thing. At the same time, it must be clearly defined and be kept by a particular owner. Otherwise, the vindication claim will be recognized as pointless. If the item has been lost or destroyed, the owner has the right to demand damages.

Vindication claims occupy a special place among all civil means of protection of civil property rights. In judicial practice, they meet less often than mandatory legal requirements, which does not prevent them from playing an important educational and preventive role. With the help of this tool, the inviolability of private, municipal and state property is ensured . Vindication lawsuit acts only on an individual thing, so if a dispute involves many homogeneous things, you should use a claim from unjust enrichment.

Protection of property rights

Real-legal types of claims (negatorny, vindikatsionny) have a different purpose and nature, which formed as a tradition laid down in Roman law. The legislation of the Russian Federation in this sense differs little from other Western systems. Even in antiquity, a vindication claim was intended to protect the owner's right in relation to physical objects - things having clear physical parameters. The tradition has survived. Therefore, the vindication claim does not apply to shares and other disembodied items.

Any types of claims (negatornyj, vindikatsionnyj) are satisfied only in case of granting of weighty proofs. If the real estate is disputed, an extract from the state register may appear in this capacity. In this sense, the vindication and negator claims of the Republic of Belarus (the Republic of Belarus) are no different from Russian ones.

A separate case is the demand for property that has become a contribution to the charter capital of a partnership or an economic company. In such a situation, the court rests on several additional rules. He should take into account that the contribution is a paid purchase.

Claimant and defendant

Most of all, a vindication claim and a negator case differ in the interpretation of who can be a plaintiff and a defendant. In both cases, two parties are involved. In a vandication claim, it is a non-possessory owner (such status is given to a person who has ownership, but in fact there is no property in the property). Requirements to the claimant: a citizen, an authority or a legal entity belonging to the Russian Federation. They can also become state institutions and enterprises.

The defendant is the illegal owner of someone else's property. The plaintiff demands to resolve the contradiction between the formality and the actual state of affairs. He uses his property right. Vindication lawsuit, negatory lawsuit and some other ways of protecting one's own interests in court are necessary in order to prove their rightness in a civilized way. Of course, the plaintiff will have to give arguments in favor of the fact that he has the right of ownership (operational management, economic ownership). If he proves that the defendant illegally holds someone else's property, then the court will return the contested item.

Ownership after the transaction

The requirements that are imposed on the grounds for the emergence of ownership of a thing (or legal title) are established in the legislation. This is the subject of Chapter 14 of the Civil Code of the Russian Federation, which has received the characteristic title "Acquisition of property rights". In practice, most often such a basis becomes a transaction related to the alienation of property. Several legal conflicts are associated with it. In court, there is often a controversial question about whether a court, having examined a vindication suit, should ascertain the validity of the transaction. This aspect of the matter is all the more urgent, since the defendant can refer to the lack of ownership of the plaintiff.

The solution of the issue with the validity of the transaction must be based on the individual characteristics of the dispute. The court will remain objective only if in each concrete case it will be guided by unique circumstances of the next process. This helps to screen out the plaintiffs who filed the suit, knowing for sure that their transaction is insignificant. If such a fact is still established, the decision can be made in favor of the defendant. This is evidenced by both practice and the generally accepted classification of claims (vindication and negator claims are distinguished by a multitude of complexities and nuances, but, being guided by laws, the court can sort out even the most controversial dispute).

Respondent status

According to the laws, in addition to transactions, there are several other grounds for obtaining the right of ownership (this can be succession, inheritance, etc.). In any of these cases, the plaintiff must provide the relevant documents. For example, when the right of ownership arose after the purchase of a thing, the court will need a contract of sale.

If the impugned subject was in the possession of the defendant, but by the time of the trial he was lost, then he gets a new status of an improper defendant. In this case, the claim can not be satisfied. In some cases, the defendant also receives the status of a bona fide owner. The court can make such a decision, if he did not know that the alienator of the thing had no right to alienate it and to transfer or sell it to someone. The acquirer is considered unfair only when he acted according to intent or gross negligence. In any case, the court determines the defendant's status on the basis of the facts of the case.

Claiming a thing

In the legal lexicon, carelessness is divided into crude and simple. When the court determines whether the third person acted from criminal intent, he always proceeds from the presumption of good faith of the acquirer (the acquirer is considered a priori until the contrary is proved).

At the same time, there are several important reservations. First, the owner can legitimately claim property from a bona fide purchaser under any circumstances, if he acquired the item from a person who did not have the right to alienate it without compensation. Separate rules are stipulated in the Civil Code for money and securities. This is the most efficient means. Consequently, in the second place, they can not be claimed from an unfair buyer, regardless of the circumstances. The reverse situation develops in the case of a gratuitous acquisition of property from a person who did not have the right to alienate it. In such a situation, under any circumstances, the owner can claim his belongings.

Basis of action

The subject of a vindication claim is the return of property from an illegal possession. This formulation does not imply reservations. So, if the plaintiff is going to get another equivalent property or wants to get a payment of monetary compensation, he needs to protect his interests in other ways (for example, a lawsuit about causing harm).

Anyway, but the subject is not all. The suit also consists of a foundation and sides. What is their essence? The basis is considered the circumstances on the basis of which the plaintiff asks the court for the protection of their rights. In this case, the owner must indicate in the application the norms of law, with the help of which he considers it proper to resolve the conflict. But, in addition to the above, it is necessary to explain the actual circumstances of the case, since without them the entire judicial mechanism will not operate. The parties are the defendant and the plaintiff.

Non-commercial action

In Roman law, vindication and negator claims were a kind of suits of a legal and legal type. They remained so to this day. Negative lawsuit (from Latin translates as "denying") is used if the owner owns the property, but because of certain circumstances, has difficulty with its use. The reason for the contradiction lies in the actions of the defendant. This is what international law says. Vindication and negator cases are used for one purpose, but under different circumstances.

The difficulty of access to legal property often lies in the erection of a building on the land plot, because of which the solar illumination of a neighboring plot is disturbed. Another example is the installation of a billboard covering the facade and windows of residential apartments.

According to Article 304 of the Civil Code of the Russian Federation, the owner has the right to demand the elimination of such violations. In the theoretical formulation, everything is simple and understandable, but in practice it is extremely difficult to end the dispute. Last but not least, this is due to inaccuracies in the wording of the laws.

Course of proceedings

What is the difference between a vindication claim and a negator claim? Examples clearly show that in the first case the owner is deprived of property, and in the second he owns it, but can not fully use because of someone's imprudence. Most often conflicts related to negator claims, affect the relationship of neighbors (in the suburban areas, apartments, etc.). For the most part, such disputes end with oral agreements. However, if neighbors are implacable, they can go to court. In this case, they will have to be ready to provide evidence of their rightness.

The subject of the proceedings in court may be excessive noise. If it interferes with tenants, they will need protection of property rights. Vindication and negator suits are suitable for different situations (in this case we need negatorny). Curiously, in Western Europe, by means of this method, even aircraft companies are sued. In this case, the defendants, as a rule, are obliged to pay compensation or for their own funds to build anti-noise walls. On the whole, differences in the vindication and negator lawsuits in the Republic of Belarus (the Republic of Belarus) are also arranged.

The prohibition of action

The non-admission of the owner to his building with the help of security, the power outage - these are two more grounds for filing a negator claim. In addition, with his help, the arrest of his property unfair from the point of view of the plaintiff is disputed. In this light, it is important to note one more feature that separates the negator and vindicative lawsuit (the difference between them is also that the negator lawsuit is prohibitive). The essence of this feature is that the defendant is obliged not only to eliminate the interference, but also not to admit them in the future. In the case of arrest, both negator and vindication lawsuits may be used (in the first case, if the property remains in the possession of the owner, and in the second case, if it has already been withdrawn). You can apply to the court at any time.

The Civil Code still does not solve the question of whether it is possible and necessary to make a negator claim in the event that there is a potential threat of interference with the use of property owners. An example of such a situation: the building has not yet been built, but the neighbor has already begun the preparatory work. It is obvious that the construction will interfere with the insolation of the adjacent site, spoil the summer harvest, etc. For such cases, a preventive action is provided, but it refers not to a nega- tive claim, but to a tort.

Limitation of actions

Although there were vindication and negator lawsuits in Roman law, by the 21st century they naturally changed somewhat. In general, these changes are reduced to the features of modern international law. For example, statutory limitations do not apply to negator claims.

This feature is due to the fact that the claim is designed to stop continuing violations. This means that while the violation of the owner's rights continues, he has the right to apply to the court regardless of when this violation began. At the same time, in case of a vindication claim, the statute of limitations is provided (it is 3 years).