Moreva, I.M. Recognition of absence of registered right as means of protection of proprietary rights

Abstract: It is rather complicated to define the criteria, which may be used as a basis for the due protection of proprietary rights, taking into account that there should also be no violations of rights and lawful interests of other participants of civil turnover. This position is proven by the practice of the Constitutional Court of the Russian Federation, the courts of general jurisdiction and arbitration courts. The borderlines between the related means of protection are rather flexible, and the positions of the highest judicial instances are ambiguous, providing for the variety of interpretations of their provision in the practice of lower instance courts. Based upon the practice of application of the provisions of the Federal Law of July 21, 1997 (with the amendments of May 7, 2013) N. 122-FZ «On the state registration of right to immovable property and deals with it», the author discusses the key tendencies in the choice of due means of protection of proprietary right. Recognition of absence of registered right is one of the means of protection of proprietary rights to immovable property, which was developed and duly recognized in the legal practice as lawful. The legal practice provides for such characteristic features of this method as independency and exclusive character.

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