An opinion on the need to expand the list of property suits in the Civil Code of the Russian Federation, provided by Tikhon Podshivalov, Head of the Department of Civil Law and Civil Legal Procedures, Deputy Director for Research of the SUSU Institute of Law, Candidate of Sciences (Legal Science), Associate Professor, has been published in the recent issue of Advokatskaya Gazeta (Lawyer’s Newspaper), the official printed platform of the Russian Federal Bar Association.
The article examines reviews of the legal practice of the highest court (cassation, appeals and first instances), from which a conclusion about the building of a system of real claims can be drawn. The types of claims mentioned in all reviews are listed, and a conclusion is made about the lack of legal certainty in the issue of building a system of claims in rem in judicial practice, due to which different courts interpret the list of claims in rem differently. The author points out the importance of expanding the types of claims in rem, the need to improve the Civil Code of the Russian Federation in terms of consolidating of the current list.
Tikhon Podshivalov, Head of the Department of Civil Law and Civil Legal Procedures, Deputy Director for Research of the SUSU Institute of Law, Candidate of Sciences (Legal Science):
“The editor of Advokatskaya Gazeta contacted me with an offer to publish an article based on the scientific issues that I wrote about in my book on The System of Claims in Rem and which became resonant for the legal community of our country and received the Juris Prudents 2023 award. Since I have been a member of the Scientific Advisory Council of the Chamber of Lawyers for the Chelyabinsk Region for many years now, I accepted this offer and shared with lawyers on the results of the analysis of generalizations of legal practice of arbitration courts of various instances. This interest of the legal community in my scientific work can be explained by the fact that at the request of the Moscow Region Bar Association, I gave a lecture based on the monograph at the end of last year.”
In legal practice there is no certainty regarding the building of a system of proprietary claims. And in order to show possible options for qualifying a particular claim as a claim in rem, it is worth referring to not certain legal acts, but to reviews of legal practice.