Claim for recognition of rights as absent: instruction for use

Abstract

The article is devoted to a detailed consideration of a special means of protecting the rights and legally protected interests of the owner: a claim to recognize the right as absent. Its specific features and characteristics are highlighted, a comparative analysis is carried out in comparison with competing remedies: a vindication claim, a negatory claim, a claim for the demolition of an unauthorized building, the relationship of a claim for recognizing a right as absent with general remedies is analyzed: a claim for declaring a transaction invalid, for the application of consequences invalidity of a void transaction. In addition to the review and analysis of theoretical issues, a significant part of the work is the systematization of judicial practice on the topic of research. The practical demand for this method of protecting subjective civil rights, on the one hand, and the lack of scientific research in this area, on the other hand, determine the relevance of the study.