S.Ê. Tamazyan, Ì.N. Ogurtsova Court decision on invalidating the actions of registration bodies, and its execution

Abstract: The article offers a legal analysis of a court decision, ruling the actions of registration bodies invalid, as well as the process of its execution. According to Article 8 of the Russian Civil Code, civil law rights and liabilities emerge from a set of foundations – including a valid court ruling, which establishes rights and obligations. However, it does not specify which types of rulings may be the cause for such rights and obligations to be established or terminated. With that in mind, it is also said that “not every court ruling is always a source for establishing, or terminating civil law rights. The traits of a court ruling, which involves disputing of actions of registration organs, are the subject for research in this article. Analyzing the Government Registration of Real Property Rights and Transactions Act, we can conclude that the example court ruling is viewed as a valid foundation for the establishment of property rights, and, in turn, a valid foundation for government registration. However, a court ruling which invalidates the actions of a registration body, may not be the basis for establishing property rights, because it does not recognize, or establish the appellant’s property rights.

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