The correlation between vindication, restitution, and condiction as civil law methods of property rights protection: some aspects.

Abstract

The article has been devoted to the study of the problem of distinguishing between vindication, restitution and condiction as civil law methods of property rights protection. It has been found that vindication as a material legal method of protecting property rights is characterized by a number of features that simultaneously act as conditions for its application, and the absence of at least one of them excludes the possibility of qualifying the corresponding material legal requirement as a proper method of protection.
It is well-founded that the action to declare the deed invalid with the corresponding application of restitutionary consequences is, unlike the vindication action, an obligatory legal means of protecting the right of ownership, therefore it should be applied only in the case when the parties are in a contractual legal relationship. In view of this, restitution has been characterized by certain features that are manifested in the peculiarities of the subject composition of legal relations.
It has been established that the content of the construction of the obligation of unjust enrichment due to the direct instructions of the law partially overlaps with restitution and vindication, which according to their legal construction have similar mechanisms of application. A systematic analysis of domestic legal norms has showed that the condiction as a non-contractual binding way of protecting property rights is a kind of generalized construction that can be applied both independently and subsidiarily to all cases when one person acquires or retains the right to property or actual possession by him at the expense of another person without a proper legal basis. Therefore, the condiction is applicable as a subsidiary (additional) method of protection only in the event that the corresponding claim of the owner or title holder of the property has not been covered by the regulatory regulation of the main method of protection of the right, but has been covered by the definition of the obligation due to its characteristic features, conditions and subject composition from the acquisition or preservation of property without a sufficient legal basis.