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Seregina O.L. Special Character of the Claim for Impounded Property Release Through the Prism of Its Specific Features

Olga Leonidovna Seregina
Candidate of Juridical Sciences, Associate Professor,
Department of Business Law, Arbitration and Civil Proceeding,
Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation


Abstract. The article discusses the theoretical issue of the legal nature of the claim for impounded property release. We investigate the status of the claim in the law and in the ways of protection. There is a discussion of different positions. Scientists attribute it to the different ways of civil rights protection and particular property rights. 
Such way of property protection as a claim for impounded property release, is actively applied in the judicial practice. In the event of the ownership of the property dispute, interested persons may apply to the court for the impounded property release or its exclusion from the inventory. The claim for the release of property (exclusion from the inventory) is definitely in rem. It protects proprietary rights of individuals. The special trait is in the fact that these persons are not the participants of the enforcement proceedings during which the disputed property was confiscated.

Key words: request, inventory of property, release, specificity, recognition of the right.

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