Invalidation of the transaction as a way to protect property rights

Автор: Knyazeva E. A.

Журнал: Мировая наука @science-j

Рубрика: Основной раздел

Статья в выпуске: 12 (33), 2019 года.

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The article analyzes the essence and legal nature of invalidation of the transaction as a universal method of protection of property rights. The analysis of differences between the disputed and void transaction is carried out. The features of invalidation of real estate transactions are analyzed separately. These transactions are particularly difficult to invalidate-due to the significant value of the property, the likelihood of applying a long period of time, and in addition the conditions of large expenses aimed at the maintenance and preservation of property. The article also examines the grounds for distinguishing vindication and restitution. It is concluded that the difference between vindication and restitution is based on the emergence of legal claims, in which, in the first case, the illegal acquisition of real estate, and in the second, the obligation of the transaction and the recognition of its invalidity.

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Protection of property rights, invalid transaction, void transaction, disputed transaction, restitution

Короткий адрес: https://sciup.org/140264114

IDR: 140264114

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