One of the most important civil rights is ownership.
There are situations when a person or organizationThere are grounds to be considered the owner of the thing, but there are no documents confirming his ownership. In such cases, the person in need of an official statement of the fact of his ownership rights so that in relations with third parties there is no doubt in whose property this item is located.
This is relevant, for example, in connection with the loss(Article 222 of the Civil Code of the Russian Federation), because of the acquisitive prescription (Article 234 of the Civil Code of the Russian Federation), in view of the actual acceptance of the inheritance and in many other cases.
To recognize right Property, it is necessary to go to court withClaim. An individual who is not an individual entrepreneur should file a claim with a magistrate in case the value of the property does not exceed 50,000 r. If the value of the property exceeds the indicated figure, the case of recognition of the property right will be subject to the district court. Claims of individual entrepreneurs, if they are related to the implementation of entrepreneurial activities, and organizations are considered by the arbitration court.
It is also worth noting that if a claim is filedRecognition of ownership of immovable property, then such a claim must be filed at the location of the real estate object-in other cases, the statement of claim is filed at the location of the defendant.
As a defendant in the suit,As claiming his rights to a thing that does not show such rights, but does not recognize the plaintiff's ownership of property. Often respondents are local self-government bodies. In some cases, the respondent may be, for example, a regional property management body, developers, other private individuals.
As the statement of claim is not drawn up inArbitrary form, but must meet strict requirements established by the procedural law, a person who does not have sufficient legal knowledge, it is difficult to properly write a suit. It is recommended to enlist the help of a qualified lawyer, especially if the question concerns real estate or other valuable property.
A necessary condition for the protection of property rights through its recognition is the confirmation of the plaintiff's rights to property. This may derive from the rightEstablishing documents, witness statements, as well as any other evidence supporting the claimant's ownership of the disputed property.
As a result of a successful case for the plaintiffThe court issues a decision on recognizing the ownership of the disputed property. After the entry into legal force, the court decision becomes binding on the plaintiff, defendant, as well as for other third parties.