Rome for a tourist and Rome for a lawyer are completely different things. If the former is immersed in pleasant memories of visiting the Colosseum or the Bridge of Sant'Angelo, the latter immediately comes to mind the complex names of ancient institutions of Roman law, such as restitution or vindication.
The latter have long since turned from classic to modern methods of protection of civil rights, which are especially important in legal relations related to the circulation of real estate. However, it is still difficult for courts to decide when the plaintiff's rights are to be protected on the basis of restitution rules and when on vindication.
Thus, the claim for the return of property transferred for the execution of an invalid transaction, according to the rules of restitution can be presented only to the party to the invalid transaction, while the requirement to recover property from someone else's illegal possession
- only to a person with whom there is no contractual relationship. In this case, all parties to the contract are obliged to return what they received in any form during the execution of such a transaction, including things determined by family characteristics, the value of destroyed things, consumed services, etc. At a time when, in the case of a vindication claim, only the defendant returns to the plaintiff an individually claimed item that has survived in kind.
The vindication claim is intended to protect the possession of the thing and is applied only in the event of the property being removed from the possession of the plaintiff, while restitution - regardless of these circumstances.
In addition, in the case of invalidity of the restitution transaction, there are no restrictions, while the recovery of property from another's illegal possession is limited by the rules on bona fide purchaser established by civil law.
An error in choosing the method of protection may lead to the impossibility of restoring the person's rights. So, in order not to be mistaken, you no longer need to make a wish at the Trevi Fountain, because all roads lead to professionals from the Dynasty Law & Investment team.
Alexey Grachev, lawyer of Dynasty Law & Investment