Barrister Vita099-001-13-00

Receivership proceeding and protection of the property right

Receivership proceeding:

Compensation for harm
Returning duties
Division of property which is a common property
Allocation of a part of property from a common partial property

Protection of property right

Property right is a right that cannot be violated. Nobody can be illegally deprived of this right or be limited in its realization. (p. 1 item 321 Civil codes of Ukraine).

The owner whose rights are broken has a right to compensation for property and moral harm on the basis p. 3 item 386 Civil codes of Ukraine.

Ways of protecting the property right:

recovery of property from other's illegal possession
recovery from the diligent purchaser
recognition of the property right
recognition of an act as illegal if it breaks the property right

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