Ficti possessores в современном гражданском праве

Журнал российского права. 2023. Т. 27. № 1. С. 78–92.

Malbin D.

Modern civil science bypasses the study of the issue of fictitious possession of a thing and the responsibility of a person who introduced himself as the owner in a dispute over a vindication claim. The figure of the fictitious owner was known to Roman law, which was responsible for the claim for the recovery in the amount of the value of the thing for the deception committed by him. Despite the fact that, in accordance with modern law, a person who does not own a thing cannot act as a defendant in a vindication claim, it is impossible to exclude the occurrence of situations when a person who does not actually own a thing turns out to be a defendant in a claim for the recovery of property, including for reasons related to this person, such as, for example, self-recognition of the owner in a court dispute. However, this issue has not been investigated in civil law science. In this regard, a comprehensive study of the phenomenon of fictitious possession of a thing and the responsibility of a fictitious owner in modern law is necessary.

Keywords: право собственности, ownership, возмещение убытков, гражданско-правовая ответственность, civil liability, виндикационный иск, damages, possession, владение, vindication claim