The Civil Code of the Russian Federation(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)
Chapter 20. Protection of the Right of Ownership and of the Other Rights of Estate
Article 301. Reclamation of the Property from the Other Person's Adverse Possession
The owner shall have the right to reclaim his property from the other person's adverse possession.
Article 302. Reclamation of the Property from the Bona Fide Acquirer
1. If the property has been purchased for a price from the person, who had no right to alienate it, of which the acquirer has been unaware and could not have been aware (the bona fide acquirer, or the acquirer in good faith), the owner shall have the right to reclaim this property from the acquirer, if the said property was lost by the owner or by the person, to whom the owner has passed the property into possession, or if it was stolen from the one or from the other, or if it has gone out of their possession in another way contrary to their will.
2. If the property has been acquired gratuitously from the person, who had no right to alienate it, the owner shall have the right to reclaim the property in any case.
3. The money, and also the securities to bearer shall not be reclaimed from the bona fide acquirer.
Article 303. Settlements in the Reclamation of the Property from the Adverse Possession
In reclaiming the property from the other person's adverse possession, the owner shall also have the right to claim from the person, who has known, or should have known, that his possession is adverse (the possessor in bad faith), the return or the compensation of all the incomes, which he has derived, or should have derived, over the entire period of the possession; and from the bona fide possessor - the return or the compensation of all the incomes, which he has derived, or should have derived from the moment, when he has learned, or should have learned, about the adversity of the possession or when he has received the summons by the owner's claim for the return of the property.
The possessor, both in good and in bad faith, shall in his turn have the right to claim that the owner recompense the necessary outlays for the property he has made over that period of time, for which the incomes from the property are due to the owner.
The bona fide possessor shall have the right to retain the improvements he has made in his own possession, if they can be set apart without damaging the property. If such separation of the improvements is impossible, the bona fide possessor shall have the right to claim the compensation of the outlays for the improvements he has made, but not in excess of the amount of the increment in the property's cost.
Article 304. Protection of the Owner's Rights from the Violations, Not Involved in the Deprivation of the Possession
The owner shall have the right to claim that all violations of his right be eliminated, even though these violations have not entailed the deprivation of the possession.
Article 305. Protection of the Rights of the Possessor, Who Is Not the Owner
The rights, stipulated by Articles 301-304 of the present Code, shall also belong to the person, who, even though he is not the owner but possesses the property by the right of the inherited life possession, of the economic management, of the operation management or on the other grounds, stipulated by the law or by the contract. This person shall have the right to the protection of his possession also against the owner.
Article 306. The Consequences of the Termination of the Right of Ownership by Force of the Law
If the Russian Federation passes the law, terminating the right of ownership, the losses, inflicted upon the owner as a result of the adoption of this act, including the cost of the property, shall be recompensed by the state. The disputes on the compensation for the losses shall be resolved by the court.
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