
- Civil law prescribes in such situations protection of ownership.
- Protection of property is served by two basic claims, which depend on the character of the infringement.
Two types of claim
The first claim arises in the event of unlawful dispossession of the owner’s factual authority over the property. It is a claim of recovery, otherwise called “extraction”.
The second measure of protection, in which the owner of property has been provided by the legislator, is an negatory claim(Art. 222 § 2 KC), which is attributable “against person, who violates the property in other way than by depriving the owner of actual authority over the property.” The above provision has applicability in the case, when another person restricts our right to own, interfering in our real estate, where the owner all the time owns this property, but his ownership is systematically restricted.
The negatory claim, being a means of protecting the property, is targeted – similar to the vindication – against permanent encroachment into sphere of the owner’s rights by an non-authorized person. Howeverin contrastto avindicatory claimprotectsagainstviolation,whichmayexpressin producingcontinuousorrepeatedand threateningtorepeatthesphereoftheowner’s rights.