The Cession of the Vindication Claim as a Surrogate of the Transfer of the Alienable Thing: the Essence and the Main Problems of Applying in the Context of the Russian Legal Order

This work is devoted to the analysis of the construction of the cession of the vindication claim existing within the framework of the German legal order, namely, the construction enshrined in § 931 of the German Civil Code, covering two cases (incidents) when the parties wish to transfer ownership without any ownership of the alienator. This construction is compared to the Roman category of cession of a vindication claim, which was used in Ancient Rome to resolve the same need for turnover, while suffering from significant drawbacks, as a result of which it was considered correct if any construction was considered for inclusion in the Russian legal order, then only the German version. The Russian legislation, doctrine and judicial practice on the issue were analyzed, as a result of which the correct directions for the development of legal doctrine and judicial practice were presented, and it was also recognized that it was possible to implement the needs of circulation for both cases of the composition of § 931 of the German Civil Code, but possible with costs and difficulties for the parties involved, as a result of which the study presented options for changing the norms of legislation (changes to the version of the current Draft of Civil Legislation Reforms) that could resolve the indicated difficulties and costs with the implementation of the structure in the Russian legal order.