Lakotsenina N.M. The Problem of Recovery of a Bona Fide Purchaser

Abstract: The research subject is the various legal theories limiting the possibility of reclamation of property from a bona fide purchaser. Based on the author of the article, it is important to balance public and private interests in the laws of the Civil Code of the Russian Federation governing the reclamation of property from illegal possession (recovery). The prepared draft amendments to the Civil Code contain laws concerning the subjects of the right to recovery. The opportunity to claim an item from the other's unlawful possession (vindicatory action) is planned to provide only the owner and the holder of the limited proprietary right including the entitlement of ownership. In her research the author has applied general research methods (comparison, analysis, synthesis, abstraction and generalization) and specific research methods (formal dogmatic method, comparative law method, etc.). The author concludes that it is necessary to expand the circle of persons authorised to commit a vindicatory action as well as the possibility of recovery of property from bona fide purchasers. These suggestions nade by the author about expanding the circle of persons entitled to commitment of vindicatory actions do not look like something impossible.

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