Chapter 20. Protection of property rights and other real rights.

Article 301. Reclamation of property from unlawful possession.
The owner is entitled to reclaim his property from another illegal possession.

Article 302. Reclamation of property from a bona fide purchaser.
1. If the property is purchased for consideration from a person who did not have the right to alienate it, which the acquirer did not know and could not know (a bona fide purchaser), then the owner has the right to reclaim this property from the acquirer in the event that the property is lost by the owner or the person to whom the property It was transferred by the owner into possession, or stolen from one or the other, or dropped out of their possession by any other means besides their will. 2. If the property is acquired free of charge from a person who did not have the right to alienate it, the owner shall have the right to reclaim the property in all cases. 3. Money, as well as bearer securities may not be demanded from a bona fide purchaser.

Article 303. Calculations when returning property from illegal possession.
When reclaiming property from someone else’s unlawful possession, the owner is also entitled to demand from a person who knew or should have known that his possession is illegal (unfair owner) to return or reimburse all income that this person recovered or should have recovered during the entire time of possession; from the bona fide owner of the return or refund of all the income that he extracted or should have recovered from the time when he learned or should have learned about the illegality of ownership or received a subpoena on the claim of the owner for the return of the property. The owner, both conscientious and dishonest, in turn has the right to demand from the owner compensation for the necessary expenses incurred by the property from the time from which the owner owes income from the property. The bona fide owner has the right to reserve the improvements made by him if they can be separated without damaging the property. If such a separation of improvements is not possible, the bona fide owner has the right to demand compensation for the costs of the improvement, but not more than the amount of the increase in the value of the property.

Article 304. Protection of the rights of the owner from violations not related to deprivation of possession.
The owner may demand the elimination of any violations of his rights, even if these violations were not connected with deprivation of possession.

Article 305. Protection of the rights of the owner, who is not the owner.
The rights provided for in Articles 301 - 304 of this Code also belong to the person, although not the owner, but owning the property on the right of life-long inherited possession, economic management, operational management or on other grounds provided by law or contract. This person has the right to the protection of his possession also against the owner.

Article 306. Consequences of termination of property rights by virtue of law.
If the Russian Federation adopts a law that terminates the right of ownership, losses incurred by the owner as a result of the adoption of this act, including the value of the property, are reimbursed by the state. Disputes over damages are resolved by the court.

<< Chapter 19 TKRF Back to table of contents Chapter 21 TKRF >>