The Place of the Liability of the Seller in Case of the Withdrawal of Goods from the Buyer in the System of the Ways of Protecting the Civil Rights in Russian law

There are many difficulties in applying of the liability of seller in the case of withdrawal of goods from the buyer, which is caused by the prevalence of the opinion on the invalidity of the contract of sales of another's property both in doctrine sources and in judicial practice. As a result of the application of special consequences of invalidity of contract the implementation of contractual liability of the seller becomes infeasible, the buyer cannot protect his interest and reimburse his losses. In the paper were considered several approaches to determining of the place of the liability of seller in the case of eviction of goods from the buyer both in Russian legislation and doctrine and in some European states. Consequently, it was demonstrated that any approach that makes it possible to realize the liability of the seller for eviction is acceptable, since it allows to protect the interests of the buyer, which is the main goal of implementation of this liability, and therefore the dispute about the validity of the contract loses practical significance. However, it was also demonstrated that, in spite of the controversial attempts to the nature of the implementation of the treaty, there are grounds for the recognition of its contractual nature in the Russian legislation and in doctrinal sources. The division of the contract into “the contract of obligation”, which only stipulates the obligation to transfer the title, and “the contract of transfer” allows to recognize the contract concluded by the unauthorized seller as valid and to resolve the contradiction that has arisen in the judicial practice.