Open AccessThe Limitation of Action in Respect of the Claim for Deeming a Proprietary Right to Be Absent
Author(s) -
Тихон Подшивалов
Publication year - 2020
Publication title -
graždanskoe pravo
Language(s) - English
Resource type - Journals
ISSN - 2070-2140
DOI - 10.18572/2070-2140-2020-6-12-15
Subject(s) - statute , dilemma , law , action (physics) , jurisprudence , intellectual property , political science , civil code , statute of limitations , property (philosophy) , virtue , law and economics , sociology , philosophy , epistemology , physics , quantum mechanics
The article analyzes the jurisprudence regarding the decision on the applicability of the statute of limitations to the claim for recognition of property rights as absent. The resolution of the stated dilemma is built by identifying the characteristic features of the claim for recognition of property rights as absent. It is concluded that the statute of limitations does not apply to a claim recognizing property rights as absent, since this requirement is aimed at challenging the registered right to immovable things, and by virtue of Art. 195 of the Civil Code of the Russian Federation, the statute of limitations applies only to claims based on a violation of the law, and not a dispute.