BONA FIDE ACQUISITION OF UNENTITLED PERSONS: ANALYSIS OF THE CONCEPT AND SYSTEM OF LAW ENFORCEMENT PRACTICE

Abstract

The article studies the institution of conscientious acquisition, the conditions for recognizing the person in the conscientious acquirer, enshrined in civil law and the positions of the highest courts. Analyzing the concept of a bona fide acquirer, the authors highlighted signs of good faith, established the main conditions necessary to effectively protect violated law. The authors analyzed the peculiarities of consideration by the courts of affairs on the recognition of a person with a conscientious acquirer and circumstances affecting the adoption by the courts of decisions about meeting the claims of applicants or refusal to satisfy them. Based on the analysis of the current civil legislation and judicial practice, a number of conditions are formulated under which the acquirer will be recognized as conscientious, which will prevent the emergence of such violations, as well as expand the possibilities of restoring violated rights.