Особенности истребования денежных средств и ценных бумаг от добросовестного приобретателя

Актуальные проблемы российского права. 2022. Т. 17. № 6 (139). С. 82–89.

Malbin D.

Consolidating the institution of protection of a bona fide acquirer, the current legislation simultaneously established special rules for the recovery of funds and certain securities. The condition for the protection of the acquirer of such objects is good faith. Taking into account that ownership legitimizes the authorized person in relation to bearer securities, the acquirer will be in good faith in almost all cases when the alienator owned such securities. Despite the fact that cash is not securities, nevertheless they have some similarities, in connection with which it should also be assumed that the legitimization of the authorized person in relation to the funds is carried out through their possession. Due to the peculiarities of money as an object of law and civil turnover, as well as in order to facilitate the protection of the owner's rights through other means of protection, it is advisable to exclude the possibility of reclaiming money, including from an unscrupulous acquirer. In this case, the owner has the right to file a claim for damages against the offender instead of claiming money. In addition, there is currently competition between the norms of Clause 3 of Article 147.1 of the Civil Code of the Russian Federation and Clause 3 of Article 302 of the Civil Code of the Russian Federation, differently fixing the list of securities that cannot be claimed from a bona fide acquirer. The norm of clause 3 of Article 147.1 of the Civil Code of the Russian Federation in law enforcement should have priority over clause 3 of Article 302 of the Civil Code of the Russian Federation as a norm adopted later. Meanwhile, considering that documentary securities are things in respect of which their owner has a proprietary right, the claims of such securities should be fixed in Chapter 20 of the Civil Code of the Russian Federation, namely in Article 302 of the Civil Code of the Russian Federation, which establishes the specifics of the claim of property from a bona fide acquirer

Keywords: ценные бумаги, деньги, право собственности, right of ownership, виндикационный иск, vindication, Владение, добросовестный приобретатель, possession, bona fide acquirer