THE PROBLEM OF PROTECTION OF THE RIGHTS OF BONA FIDE PURCHASER

The article proposes mechanism for improvement of the legal regulation of the ways of protection of a bona fide purchaser (title holder) against all persons opposed him in the process of acquisition and ownership of property. A number of problems of the civil-legal regulation of public relations regarding implementation of protection of the property interests of a bona fide purchaser are identified. Qualification of the purchaser conduct as an unfair one provides the possibility of restitution of his property based on vindicatory action in any cases. In respect of the property transferred under invalid transactions, the same result is provided by restitution in case the bad faith is proven. Lack of purchaser awareness about appropriate circumstances results in rejection of claim for returning of the property transferred to purchaser in compensated transactions (except for the cases specified in item 1 of article 302 of the RF Civil Code).

: property, owner, property law, a bona fide purchaser, mala fide purchaser, purchase and sale contract, real estate, subjects of civil law, property owner, compensated procedure