Косвенный вещный иск — возможно ли?

Арбитражный и гражданский процесс. 2024. № 3. С. 13–17.

Malbin D.

The legislation does not provide for the right of the owner to apply to the court with a claim for the protection of the rights of the subject of limited property rights. However, an explanation of this is contained in paragraph 7 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 of 29.04.2010. Such an explanation actually gives the vindication claim of the owner the features of an indirect claim. However, the approach does not find a dogmatic justification, because the presentation by the owner of a claim in defense of the subject of limited property rights, in whose favor the award is made, is at odds with the principles of exercising civil rights by his will and in his interest and the inadmissibility of interference by anyone in private affairs. Unitary enterprises and institutions as subjects of limited property rights are able to independently protect their rights. The owner, after taking possession of the property from the illegal owner, is able to transfer this property to the subject of limited property rights., in connection with which the specified explanation of p. 7 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 of 29.04.2010 is not only contradictory, but also inappropriate.

Keywords: право собственности, ограниченное вещное право, виндикационный иск, косвенный иск, вещный иск, иск в защиту другого лица