INFORMATION LETTER OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of November 13, 2008 No. 126

The overview of court practice on some questions connected with reclamation of property from others adverse possession

The presidium of the Supreme Arbitration Court of the Russian Federation considered the Overview of court practice on some questions connected with reclamation of property from others adverse possession and according to articles 16 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" informs Arbitration Courts on the developed recommendations.

The overview of court practice on some questions connected with reclamation of property from others adverse possession

1. If person which gave property in pursuance of the invalid transaction addresses with the requirement about its return from others adverse possession of other party of the transaction based on Article 301 of the Civil code of the Russian Federation, the court refuses satisfaction of the claim.

The limited liability company (seller) and joint-stock company (buyer) signs and performs the purchase and sale agreement of non-residential premises. Proceeding from negligibility of this agreement, the limited liability company appealed to Arbitration Court with the action for declaration to joint-stock company about reclamation from its adverse possession of the rooms transferred to agreement performance.

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