Claim for vindication

A vindicatory claim is regulated in Article 222 § 1 of the Civil Code. Pursuant to this provision, the owner may demand that the thing be handed over to him or her by a person who is in actual possession of the thing, unless that person has a right effective against the owner to dispose of the thing.
The purpose of a vindicatory claim is to protect a property right. It does not serve to protect other rights in rem or, even less, rights of obligation.

Active legitimacy (who can bring an action for the surrender of an item?)

A vindicatory action (for the surrender of a thing) can only be successfully brought by two parties: the owner or the co-owners of the thing.
The current owner of the item shall have locus standi. If the item has been disposed of before the lawsuit is filed, the current owner loses his or her right of action and is replaced by the new purchaser of the item.
In the light of Article 192(3) of the Code of Civil Procedure, the disposal of an item in the course of proceedings after the copy of the statement of claim has been served on the defendant does not affect the further course of the case. However, the purchaser may take the place of the transferor with the permission of the defendant. In the absence of consent, the purchaser should bring a separate action for vindication.
Since the effectiveness of bringing an action depends on proving the legal title to the property, the plaintiff has the burden of proving its right of ownership in accordance with Article 6 of the Civil Code. This is not easy to prove in the case of certain movables, as it is necessary to prove the effectiveness of the acquisition of ownership not only from the predecessor in law, but also the effectiveness of the acquisition of the right by its predecessors up to the first owner.

Passive legitimacy (who is a defendant in an action for the surrender of goods?)

The defendant in a suit for the surrender of an item should be the one who is actually in possession of it without legal title.
The burden of proof that the defendant has actual possession of the thing lies with the plaintiff, i.e. the owner of the item.
The defendant may defend, in particular:
– lack of active legitimacy,
– lack of passive legitimacy,
– allegation that it has an effective entitlement to the property,
– plea of limitation,
– allegations of detention,
– allegation of abuse of subjective right (the possibility of successfully invoking this allegation is, however, controversial).

Premises of the claim (what must be proved for the claim to be successful?)

The prerequisites for a vindication claim are:

• ownership of the item (the status of owner on the part of the claimant),
• depriving the owner of actual power over the item,
• unauthorised possession of the property by the defendant.

Content of the claim

On the basis of a claim for vindication, the plaintiff may demand the return of the item.

Procedure

Proceedings for the return of an item are conducted in a procedural manner before the general court.

Time limit for pursuing a claim

A vindication claim is not barred by the statute of limitations if it relates to immovable property (Article 223 § 1 of the Civil Code).
With regard to movable property, the limitation period for a claim is 6 years. However, if the vindication claim for a movable item is related to the conduct of a business, the limitation period is 3 years (Article 118 of the Civil Code).
Legal status as at 4.09.2024