Спорные вопросы защиты добросовестного приобретателя жилого помещения

Семейное и жилищное право. 2023. № 2. С. 31–33.

Malbin D.

Article 302 of the Civil Code of the Russian Federation was supplemented by paragraph 4, which established a restriction on the claim of residential premises from a bona fide acquirer at the claim of a public legal entity. At the same time, by virtue of the direct indication of the law, both a citizen and a legal entity can act as a bona fide acquirer from whom residential premises cannot be claimed. However, the attribution of legal entities to the number of those from whom, as from a bona fide acquirer, residential premises cannot be claimed is erroneous, since the restriction of the vindication of residential premises is related to the right of citizens to housing and satisfaction of their housing needs, while a legal entity, being persona ficti, does not have the right to housing and can not feel the need for housing. On the contrary, due to the fact that a legal entity and a public legal entity have a number of common features, there are grounds for investigating the possibility of restricting the vindication of residential premises from citizens who are bona fide purchasers not only at the claim of a public legal entity, but also at the claim of legal entities.

Keywords: право собственности, ownership, добросовестность, жилое помещение, residential premise, виндикационный иск, possession, bona fide acquirer, владение, vindication claim