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Legal Forms of Protection of Rights to Real Estate

Student: Ishin Andrey

Supervisor: Maria Filatova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2019

This research is aimed at forming a general understanding of the judicial protection of rights of real estate. The study revealed that in Russia there are some problems with the concept of "real estate". But the decisions of the higher courts clarified this issue, therefore at the moment there are no acute problems requiring immediate resolution. The negative system of registration of rights of real estate does not allow you to completely rely on the registry, as a result of which many situations arise that require the protection of real estate rights. Speaking about the forms of protection of rights, it is worth paying attention to the vindication, negatory and lawsuit claims, as the most frequently used lawsuits. Also as a form of protection of rights to real estate, you can consider a claim of unjust enrichment or a restorative claim and a number of others. Each of them has its own characteristics in the application and selection of certain circumstances. Talking about procedural features, it is worthwhile to pay special attention to jurisdiction, since not always claims are applied at the location of the immovable. In addition, not in all cases the consideration of claims in cases of disputes between organizations and SPs is subject to arbitration courts. When filing any of the claims, it should be mentioned that each of them has its own subject of proof. In some cases, they are identical, but in general, they are very different. It is enough to prove the existence of a right (a claim for recognition), while in others it is required to prove the existence of a number of facts (negatory and vindication claims). Executions of court decisions also differ from each other. In one case, you just need to change the registry; in the other, the real impact of executive bodies is required. At the same time, in cases of non-execution of a court decision, you can demand a court penalty.

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