Syzransky, no shame, and you'll find your nonsense about lawyers 3-year-old, then it is important that you uttered after reading the internet
Цитата:
36. In accordance with Article 301 of the Civil Code a person applying to the court for the recovery of their property from illegal possession must prove their ownership of the property in the possession of the defendant.
37. In accordance with Article 302 of the Civil Code the defendant has the right to object to reclaim the property from his possession by presenting evidence of paid acquisition of property from a person who had no right to dispose of what he knew or should have known (bona fide purchaser).
For the purposes of the application of paragraphs 1 and 2 of Article 302 of the Civil Code is not deemed to have received the purchaser for value property if the transferor has not received full payment or other compensation for the transfer of the property in question by the time when the purchaser knew or should have known of the illegality of alienation.
38. The acquirer recognizes conscientious, if he proves that he is in the transaction knew or should have known of the illegality of the alienation of the property by the seller, in particular to take all reasonable measures to ascertain the powers of the seller on the disposal of property.
The defendant may be considered a bona fide purchaser of the property, provided the transaction by which he gained possession of the property at issue meets the real deal in every way except that it is made unentitled transferor.
The owner has the right to refute the objection of the purchaser on his integrity, proving that the purchaser in the transaction was to question the right of the seller to dispose of the property.
39. Within the meaning of paragraph 1 of Article 302 of the Civil Code the owner has the right to reclaim his property from unlawful possession regardless of the defendant's objection that he is a bona fide purchaser, if he proves the fact of disposal of the property of its ownership or possession of the person to whom it was transferred to the owner, in addition to their will.
The invalidity of the transaction, pursuant to which the transferred property that is not in itself evidence of his retirement from the possession of the transferor is the property of a person against his will. Courts must establish whether the will of the owner to transfer ownership to another person.
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Syzransky, byus for a mortgage - you're not even 10%did not understand what was written in the citation of the post.
But to work hard to understand - in life can come in handy.