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Scientific Review. Historical sciences

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INSTITUTE OF VINDICATION IN THE CIVIL LAW OF THE RSFSR DURING THE GREAT PATRIOTIC WAR

Красноглазов А.Ю., Писаренко И.С.
Institute of vindication gained a new application in the years of the Great Patriotic War. On the basis of claims caused by the war the Soviet civil law developed the theory of vindication, which identified a number of problems. Because of military operations presumption of bona fide purchaser in some cases contradicted the facts of the case. During the war, when the question of the protection of the property of the collective farms acquired special significance, the tendency to equate the collective-farm property to the state one increased. Judicial practice did not establish unlimited vindication, bringing in application of Art. 60 of the civil code of the RSFSR refinement that allowed in some cases to more fully protect property owners who lost their property as a result of military actions. It just created stricter and narrower limits in cases where the property cannot be claimed by the owner of a bona fide purchaser.