CIVIL LAW STATUS OF A BONA FIDE POSSESSOR IN CIS COUNTRIES: A COMPARATIVE LEGAL ANALYSIS

Abstract

Despite the considerable attention paid in civil law scholarship to the protection of ownership and other real rights, no sufficiently clear and systematic approach has yet been developed with regard to the legal regulation of relations involving bona fide possessors. As a result, significant difficulties remain in the protection and restoration of the subjective rights and legally protected interests of such persons. The problem becomes particularly acute where the legislator fails to provide an objective and workable definition of a ‘bona fide possessor,’ thereby complicating the judicial resolution of disputes. The concept of a bona fide possessor is closely connected with the institution of vindication, because the relevant legal rules seek to maintain a balance between the interests of the owner and those of the bona fide acquirer. Under contemporary civil legislation, the owner is not entitled to recover property in every case, and the good faith of the acquirer therefore becomes decisive. This article examines the civil law status of the bona fide possessor through a comparative analysis of the legislation, doctrine, and judicial approaches of CIS countries and several related post-Soviet jurisdictions. It argues that comparative legal experience demonstrates different models of balancing transactional stability, trust in property circulation, and the protection of original ownership.