NEGATIVE SUIT
- the requirement of the owner of the owner to remove obstacles to the exercise of his powers.
A plaintiff by NI is an owner who owns the thing, but is deprived of the opportunity to use or dispose of it. The law establishes the protection of the rights not only of the owner, but also of the title owner, to whom the thing does not belong on the basis of ownership. The title holder is a person, although not the owner of the property, but owns the property on the basis of the right of lifetime inheritable possession, economic management, operational management or on other grounds provided for by law or by contract. The title owner, as well as the owner of the property, has the right to claim a thing from someone else's illegal possession, and also has the right to demand elimination of interference that prevents him from using and disposing of property.
Respondent - a person who by his behavior creates obstacles that prevent the owner from exercising his powers with respect to property.
The subject of the claim is the claim of the plaintiff to eliminate violations not connected with the deprivation of possession. NI can also be aimed at preventing a possible violation of property rights, if there is a threat of such a violation.
The basis of NI are the circumstances that confirm the right of the plaintiff to use and dispose of property, as well as the fact that the defendant's behavior creates obstacles in the implementation of the rights of the plaintiff. The plaintiff does not have to prove the unlawfulness of the actions or inaction of the defendant, if the defendant himself does not prove the legitimacy of his actions.
The grounds for negator protection are eliminated by eliminating obstacles in the exercise of property rights, so a claim can be made only when the offense lasts or its consequences are not eliminated.
NI can not be brought if the respondent's actions that prevent the owner from using or dispose of his property are terminated. In this case, it is possible to file a claim for damages incurred by the owner as a result of the offense.
NI can not be satisfied if the defendant proves the legitimacy of his behavior.
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