The right of the owner to claim his property from someone else's illegal possession as a right to satisfy a vindication claim (conceptual analysis of Article 301 of the Civil Code of the Russian Federation)

Abstract

The article criticizes the traditional view according to which the owner's right expressed in Article 301 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code) is a vindication claim. The conceptual analysis of Article 301 of the Civil Code leads to the conclusion that it contains a protective norm. In the hypothesis of this norm, the legislator points to the fact of someone else's illegal possession, which means a violation of the owner's legally protected interest in ensuring that no one illegally takes possession of his thing. Accordingly, in the disposition of the norm of art. 301 of the Civil Code, the legislator describes the owner's right to protection in the context of its occurrence on the basis of the fact of violation of the owner's ownership interest. The analysis of the owner's right to claim his property from someone else's illegal possession makes it possible to attribute it to the right to judicial protection, which consists in awarding the illegal owner to return the thing to the owner. The thesis is defended that this right should be understood as the right to satisfy a vindication claim., in which the owner claimed the award. It is this right that is designated by the term "vindication claim". The dogmatic idea of a single and homogeneous property right containing the right to protection in its structure is false, because it contradicts the meaning of the protective norm of Article 301 of the Civil Code, in which the situation of someone else's illegal possession is presented as the basis for the owner's right to judicial protection.