Изменение пассивно легитимированного лица в период спора по виндикационному иску
A thing owner is a passively legitimated person in a replevin. There are two criteria stipulated in paragraph 32 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 dated April 29, 2010, for change of a person who is a defendant in a case: alienation of the thing by the defendant and transfer of the thing to a new owner. However, due to the absolute nature of proprietary relationship, a passively legitimated person changes with the transfer of the thing by the defendant to a third party, and setting forth such a condition as alienation of the thing is inappropriate. At the same time, if a party to the case has the right of ownership of the thing under dispute and this party alienates the thing, then it is the basis for the application of the institution of procedural succession, which is a consequence of the singular corporeal succession. However, in resolving a dispute over a replevin, the court is not able to determine whether the defendant has the right of ownership until the dispute is resolved, therefore, even if he has the right of ownership of the thing being vindicated and alienates the thing to another person, the institution of change of improper defendant should be applied as a universal means of changing a person who is a defendant in a case.