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Osadchenko E.O. Applying the Rules of Eviction in the Domestic Civil Law

DOI: https://doi.org/10.15688/lc.jvolsu.2020.2.13

Elvira O. Osadchenko, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil and International Private Law, Base Department of the Southern Scientific Centre of the Russian Academy of Sciences, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-7709-4821


Introduction: the paper is devoted to the study of certain problematic issues of eviction, which gives rise to the responsibility of an unscrupulous seller in the event of a third party claiming a thing. For this purpose, the author considers the concept and features of a bona fide buyer, identified by the civil doctrine and used by the judicial practice. Using the methods of scientific knowledge, primarily the method of system and comparative analysis, the author identifies the constituent features of “eviction” by applying an essential-substantival approach to the study of the concept of a bona fide purchaser. Results: it is found that the Civil Code of the Russian Federation does not contain a list of criteria confirming the good faith of a person. An attempt to develop such a list is made in the paper through the semantic content of the concept of good faith. Conclusions: the author concluded that fixing the eviction signs and the criteria of good faith in the civil legislation of the Russian Federation will make it possible to protect the interests of contractors, reduce the risks and protect the parties from possible fraudulent actions and most fully ensure the performance of contractual obligations primarily on the part of the seller.

Key words: eviction, bona fide purchaser, good faith, actio vindicatio, sale of property of another

Citation. Osadchenko E.O. Applying the Rules of Eviction in the Domestic Civil Law. Legal Concept, 2020, vol. 19, no. 2, pp. 89-96. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.2.13

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