THE IMPACT OF PUBLIC RELIABILITY ON PROPERTY VINDICATION

The article deals with the issue of the possibility of vindication of property, information about the rightsholder of which is considered publicly reliable (for example, information from the state registers of property rights). It is proved that full public reliability is a consequence of «irrefutable» presuppositions of property rights (other absolute rights). Fixing in the law the visibility of the right as its absolute characteristic means the introduction of an «irrefutable» presumption of ownership as the ownership right to a movable thing (the French model) or the irrevocability of rights to real estate registered in the state register (the German model). Vindication in these cases is excluded. In the Russian legal order, there is no complete public certainty and, accordingly, no irrevocability of rights to property (including real estate). This is what allows using vindication to protect the violated rights of the real estate owner. Weak public reliability serves as a basis for applying the vindication model to protect the absolute right to any registered property (undocumented securities, exclusive rights, domain name rights, etc.).