We chase for an attractive value, conscientious citizens often find themselves on the verge of loss and money and car. To date, many marketing fraudulent schemes have been intensified, they enjoy, including law-abiding citizens who need to sell a car without documents.

If you have become a victim not properly decorated transaction Purchase and sale of a car or you will need to appeal to the court.

The recognition of the ownership of the car is the procedure for compensation (corrections) of the missing links of the legal process in the implementation of the purchase and sale transaction, exchange or donation. In some cases, it is required under other conditions:

• in hereditary litigation;
• under the division of property between spouses;
• under the worship of documents.

As a rule, it is carried out as a result of an administrative or judicial decision. The solution to the issue through court is the most effective way to achieve justice with respect to your property.

But the court will not accept from you the claim untilAs long as the situation with your problem and with the ability to resolve it exclusively in court will not become apparent. This applies both to and to.

As an example, consider such common situations that massively cover the automotive market. The car owner sells a car provided by a technical passport, but:

• copy of the TCP;
• duplicate PTS.

Subsequently, he promises to return the original or claims that the document is lost. After purchasing a car of a new car owner, unpleasant surprises await, which indicate that for example:

• the car is not paid;
• it is the subject of collateral value;
• the ownership of it is challenged by third parties;
• other cases of illegal sale TC.

In other cases, problems occur after the car is sold (transmitted) on the general power of attorney, as a result of which the car owner remains the right to use without the right to regulate the means.

Some car owners after the transaction refuse to shoot a car from accountthat does not allow the new owner to arrange the vehicle properly.

The most common cases of the illegal sale of the car when purchasing it from hand. However, there are situations of fraud or mistakes when making a purchase - in car dealerships.

In all cases discussed above and similar to them, you have to resort to judicial consideration. However, before turning to court, it is necessary to use other, affordable ways to solve the issue on the basis of a compromise decision.

The specificity of pre-trial settlement depends on the private eventwhich caused violated ownership of the vehicle. If your ownership ownership is violated by the former car owner (which happens most often) - you will need to solve the issue with him.

In this case, it is necessary to notify it under the painting that it gives you the right to own a car properly, otherwise you will have to solve the issue in court. The notification is transmitted in person personally or is sent by the registered mail with the notice of receipt.

In the letter must be invested. Subsequently, when contacting the court, the notification will be a confirmation of the fact that you have properly notified the former owner of the car on our requirements for the transfer of rights to the property acquired from him.

If your address made in the improper implementation of the vehicle from the car dealership - you need to notify the head in writing, with registration in the magazine of incoming correspondence. If you are comfortable - use the services of Russian Post. Send a custom letter to receipt notice.

It is possible that the situation will decide on the basis of the oncoming proposal from the administration of the car dealership.

If within 30 days from the date of sending the notification of this did not happen - you have the right to appeal to the court.

Procedure

The basis for filing a claim will be conscientious of your own property deal, which, however, did not allow you to join the ownership of the car. The pre-trial actions you did not led to the expected result.

And all warnings that your property right to be transferred to you by law - remained ignored by the seller of the property.

The reason can be your claim to own a car after the death of its owner or after a divorce. In any case, you must have arguments to confirm your claims for ownership.

The jurisdiction of this issue in the competence of the Arbitration Court of the first instance at the location of the car dealership or at the place of residence of the vehicle seller, that is, the person who will be indicated in the claim as a defendant. For details on the order of inheritance, see.

Writing an application

The statement of claim must be compiled in accordance with the task you put - to recognize the ownership of you. In the statement of claim, this issue is one of the most ambiguous when the question is raised in relation to not properly transmitted (non-transmitted) rights to the ownership of the vehicle.

The fact is that the plaintiff often appeals to court in search of justice recovery, punishment of fraudsters or recognition of the transaction is invalid. Judicial practice is known numerous cases when the acquired cars massively come true to the population without the presence of technical passports, which has not given the right of ownership of deceived buyers.

In one of the special cases it turned out that the Regional Dealer did not return the supplier money taken from transactions, and under the TCP Agreement was sent solely after the sale of cars.

The victims massively filed the same type of claims With the requirement to provide TCP, but since the supplier acted in accordance with the Treaty, the documents were not provided, the dealer was accused of fraud, and the deal was recognized as illegal and cars seized.

This indicative case became the subject of deep analysis and determined that the whole problem of unsuccessful priority in defending the right of ownership was exclusively in the fact that the claim was distinguished by the true interests of citizens of the car.

In a similar case, when writing the claim, the entire process of the scams carried out in your address must be concisely and essentially set out in the main part of the claim, and in the final part of the reason for the claim to indicate the restoration of ownership of the TC. In practice, it will look like this.

After you outlined the reason, in accordance with which you consider a competent claim for the ownership of TC (with a complete indication of its value and available characteristics), indicate the reasons that it impede. List the provisions of the Articles of the Civil Code of the Russian Federation, which is based on your claim.

Further, the line below the middle of the sheet, write a large font: "I ask:". And even lower: "Recognize the right of ownership to the above-mentioned car." If you seek recognition of property rights, there should be no other wording in your claim.

Exclude from the application all extra and most, Recommend only to facts that can be confirmed by the evidence base.

Evidence base

It should include various kinds certificates, acts and other confirmations:

1. The fact that the vehicle was purchased by you or received in good faith and open.
2. That between you and the face, which is alienating in your favor, there was an appropriate agreement confirming the eligibility of the car you.
3. What you received the right to use the car and used it, or the vehicle is in your placement at your place of residence or are located at your discretion.

The advantage will be used by written documents.

In their absence or in addition to them, you can use testimony outlined in writing or by the oral testimony in court.

In addition to the evidence database documents, the required document package must be attached to the application. He must include:

1. Available technical documents for the car.
2. Treaty of sale or other guidelines.
3. A receipt in receipt of money by the defendant.
4. Certificate of inheritance or divorce (if necessary).
5. Other documents related to business, such as the General Power of Attorney.
6. Power of attorney to the representative (if necessary).
7. Receipt of payment of state duty.

Duty is paid in the amount of 200 rublesIn addition to which additional fees will be required in accordance with the fact that the claim is of property. It is calculated in percentage of the claimed value of the car.

You have the right to indicate a request for the recovery of the duties paid by you from the defendant. This part of the claim can be satisfied at the discretion of the court.

You need to act immediately, almost immediately after you have known that you are deprived of (not acquired) ownership of the car. The statute of limitations on this issue is 1 year.

In some cases, if more than 1 year has passed, you have the opportunity to resume the limitation period in accordance with a valid reason or ask the court to consider your claim on the basis of a general limitation period that is 3 years.

The results of the trial Play an unprecedented role. In the event that the decision was positive, you fully rehabilitate your situation and on the basis of the discharge received register the ownership of the traffic police.

In case of refusal, you have the right to appeal the court decision. To do this, carefully read the discharge given to you. Pay attention to the reasons that have become the basis for refusal.

If you have arguments to challenge them, use them and apply for an appeal to the second instance arbitration court. Challenge the decision of the district court can be in the regional court on time no later than 10 days From the date of receipt of the statement from the court decision.

If you do not have a clear concept, refer to the received discharge and available documents to legal advice so that you will be helped to make a statement of claim. If necessary, use the service of the representative office in the court of an experienced lawyer.

However, keep in mind that in the event if the car is listed in the hijack - You can not under any circumstances to make him in the property or use it. And if you received it by proxy, having transferred money to the former owner with the promise to re-refline him - the court will most likely dismiss your claim.

On the arrested car

The car under arrest has no right to be implemented as a property object or otherwise alienated to another person. Violation of the prohibition on its implementation is a violation in accordance with the provisions art. 140 Code of Civil Procedure of the Russian Federation and Art. 119 APC RF.

On this basis, the owner of the arrested car, violating the ban on the disposal by the vehicle, will respond to the law. And the transaction implemented by them will be recognized as negligible (invalid).

At the same time, the buyer who was conscientiously mistaken in the legal state of the car, acquiring it, can not be responsible to the imputed other person. Relying on this rule fixed in art. 174.1 of the Civil Code.

If you fell into a similar unpleasant situation, the main thing is that you will need to - prove that you did not know and could not know that the car was under arrest. When exciting claims, pay attention to to prove your own decency.

At the same time, keep in mind that the slightest nuance, reflecting the retreat from legal norms at the conclusion of the transaction, will play against you.

On the laid car

The situation is similar to the acquisition of the CU, which is the subject of pledge. The owner of the collateral property did not have the right to alienate anyone available to him. But who did not know and who did not have the right to know that the car is the subject of pledge, the acquirer, gets it without mortgage burden.

In this case, it is mainly that the property of the alienation of property is certified by a notary. Despite the fact that the notary is not responsible for the offenses of its client, he is obliged to check the information available to him about the deposit.

If you got into a similar unpleasant situationBut did not allow an offense when dealing, you have the full right to request the recognition of ownership of the acquired car.

After resolving the issue in your favor, the mortgagee and the offender will continue legal proceedings about the incident, and you will come out of the current situation.

Conclusion

Recognition of ownership of the car is one of the multidimensional manifestations of legal practice.

Cases of automotive fraud significantly affect the possibility of selling a car by conscientious owners of the vehicle.

They fall an undeserved suspicion that it does not fully use legitimate mechanisms providing for the flexibility in the transfer of ownership of the vehicle. For more information about the procedure for the privatization of any object through the court, see.

Civil Code of the Russian Federation; certificate of the right to inheritance; certified extract (copy) of the protocol of the Tirand Commission, or the Rules for the Lottery and the act of transferring a vehicle received by the owner as a winnings, unless otherwise provided by the legislation of the Russian Federation; Other documents certifying the ownership of vehicles, license plates in accordance with the legislation of the Russian Federation ... "PTS is a full-fledged such document. Is not. Vzzzik 07/10/2014, 17:37 # I repeat cars to sell Do not forget the DCP your first to buy show and all its details will enter. slavav3 07/10/2014, 16:45 # What will prove? Read the regulations - what is TCP. And read the Civil Code of the Russian Federation - Article 278. As the property rights arises: 2.

Documents confirming the ownership of the car

The fact of the appearance of the machine of the new copyright holder is fixed by the certificate issued by the state authority. This procedure, as well as registration of machines, is carried out in the traffic police department. Buying any vehicle should be remembered that it is unacceptable to keep it in ownership of a proximity.

The owner can pass by proxy only permission to use the car. And in this case, the person speaks only as the owner, but not the owner. It should be noted that several people can be the owner of the car.
If there are one owner, the issues of ownership, order and use the car do not arise. But quite often the owners of the car are a slice of several persons (for example, when transferring a vehicle by inheritance, buying a car with spouses, etc.). In this case, it will be a common property.

Documents confirming ownership of the car: List

Attention

The court decision must contain a description of the object, indicating the copyright holder and the type of law to be registered. Registration of a car acquired for renewal The ownership of the car received by inheritance is important to comply with, first of all, the procedure for entry into the rights of inheritance. The process is quite long and the actual right of ownership of the car comes no earlier than six months from the date of opening the inheritance.

In the hands of the right-accepter should be a court decision. The next step in the process will be the appeal to the notary to obtain a certificate of the right to inheritance. It is this document that becomes the basis for appealing to the traffic police bodies for registration of the registration certificate.
Replacing state registration marks of the vehicle is carried out on the basis of a personal statement by the heir who has entered into the right of the heir, if he has intentions.

What documents confirm the ownership of the car?

The document for ownership "should be indicated by the number and date of the state or municipal contract.

• To register vehicles obtained by legal entities on the rights of economic management or operational management, the administrative documents of the subject of the Russian Federation or municipal entities are submitted to the consolidation of vehicles for the state or municipal unitary enterprise (including joint-stock companies created by the subject of the Russian Federation or its municipal education ), which these vehicles are indulging in the rights of economic management, or a statement enterprise or the establishment that they are transmitted to the Rights of Operational Management;

Documents for ownership drawn up in foreign languages \u200b\u200bRules of registration 17.

PTS - a guide document?

For the passage of this procedure, no driver experience is required, since the owner of the vehicle may be a person who does not have a driver's license. To obtain a certificate and registration of the TS, it is necessary to provide any of the above documents to the territorial separation of the traffic police. Read also the procedure and methods for recognizing the ownership of the absentary most common property claims to transport are established on the basis of a sale agreement, since citizens are acquired by citizens or in car dealerships.

The fact of ownership may also be confirmed by the act of receiving the TC.

Documents confirming ownership of the vehicle (TC)

Therefore, in any case, require registration of an act of receiving and transmission. Although the passport is decorated for a particular vehicle, and contains an indication of the owner, it is not a guideline document. He also cannot act as confirmation of the fact of transfer of property.
According to the current legislation, the passport decorated to a specific vehicle acts only as a registration document. It should be remembered that when signing the contract of sale on a car, the buyer, in addition to the contract itself (one copy) must have the following package of documents:

• act of acceptance of the machine;
• any document that acts as confirmation of payment for the cost of a vehicle.

After reading the above information, you can make sure that such a simple procedure, like buying a car, can be quite laborious.

Document confirming the right of ownership of the vehicle

Info

Otherwise, state names are saved. At the time of contacting the registering authority, the traffic police is necessary in this situation in addition to the main package of documents: the original certificate of the right to inheritance; The statement of the heir to remove the TC and its registration; Certificate of registration of AMTS; Documents certifying the personality of the heir. It is worth considering that together with the original, a notarized copy of the testimony of the right to inheritance is surrendered, which is not refunded by the applicant. If it is planned to sell a hereditary car, then the interim registration is not provided for by the rules, in this case transportation should be sold until it takes it on the heir.

"Document for ownership"

It should be known that the following data should be specified in the act:

1. FIO of the buyer, his passport details, registration address, seller data, the place of registration of a legal entity (if any);
2. model and brand machine, year of its manufacture, identification number (VIN), color. It is the presence of a VIN number that is fundamental, since without it it will be difficult to prove the fact of transfer of rights to ownership;
3. note all the flaws detected by the buyer (damage to the paintwork, not completed and so on).

Sometimes, if the buyer is an individual, then instead of an act of reception and transmission, a commodity invoice of TORG-12 can be given. This invoice acts as a primary accounting document.

But here it should be remembered that the invoice can confirm the fact of transfer transfer, but according to the law it is generally incorrect.

How to register ownership of the car

You need to bring with you:

• statement;
• check with a paid duty (on average 2,850 rubles);
• TCP on the car;
• a guide document on the vehicle;
• old policy OSAGO (if was).

After a few hours, the applicant will give out:

• state numbers on the car (if necessary);
• TCP on a car with new information about the owner of the car;
• certificate of registration in the traffic police.

Some believe that the STS can serve as a guide document. In fact this is not true. Certificate of registration of the machine only indirectly indicates that a person owns a car. It is recommended to present it together with the identity card.

LiveInternetLiveInternet

• Consultation lawyer
• Car law

• 1 REGISTRATION AMTS in the traffic police
• 2 Car registration on the basis of a judicial act
• 3 registration of the car acquired by inheritance

Acquisition of a motor vehicle and its registration in the prescribed manner allow the owner to dispose of the vehicle at its discretion: to operate, to lease, alienate, give, change, inherit. For registration it is necessary to comply with the requirements for the Regulations prescribed by the order of the Ministry of Internal Affairs of Russia N1001 dated November 24, 2008. It is worth considering the relevance of the document and take into account the changes made today. For a complete understanding of the question, it is important to distinguish between the two areas of this concept.

Documents certifying ownership of the car

A document confirming the ownership of a citizen to the vehicle must contain information about the transaction or decision of the State Border, the cost of the vehicle, the data of the physical or legal entity, the address and signatures of the Parties participating in the transaction, date and place of compilation, as well as all information about the car (year release, VIN code, color, brand, model and other). The above documents confirming the ownership of the car are advantageous. According to the law, directly ownership of the vehicle occurs at the time of its transfer under the contract, except for cases, separately prescribed in the contract or law. However, it should be noted that the transaction with the CU is necessarily undergoing the registration procedure in government agencies and only then a citizen acquiring a car becomes the legitimate owner. The transfer of copyright is confirmed by a certificate of registration.

Not everything, preparing for the acquisition of the machine, sufficiently have information about all documents confirming property. This is especially true for those persons who make a purchase for the first time.

In addition to the basic evidence, there are still a number of references, and they all give the owner the right to consider themselves by the owner.

Here are all documents confirming the ownership of the car:

Any of the above documents is a guarantee and allows the owner to freely dispose of property belonging to it.

Some nuances

Very often, a simple citizen, when buying a transport, there is a confusion due to misunderstanding the value of each reference. It is better to apply to the help of lawyers, since the consequences of independence and insufficient legal literacy can be very deplorable.

Any transaction, including the purchase and sale of the machine, must be registered with the relevant authority. Only after passing the registration procedure, as well as registrations in the traffic police, the transfer of ownership of the car from the buyer to the seller. In any other case, the ownership transition is invalid.

No power of attorney gives property rights, but only allows the trusted person to use transport.

Before a deal, it is important to find out another nuance: one at the owner's car or several. In the second case, the vehicle is in common property, and consent to its sale must be obtained from all owners.

Causes of the presence of several owners can be completely different. Here are the most basic:

• inheritance transmission to several persons;
• transfer to a gift to several persons;
• the joint acquisition of the property with spouses (in the absence of a marriage agreement, in which this item would be agreed).

Moreover, with any of these situations, the fact is not important to whom the car is registered: all persons have the full right to own it.

If the vehicle has only one owner, the sale procedure is greatly simplified. These articles of laws are registered in the Civil Code, with whom it is advisable to familiarize themselves before the transaction.

Documents confirming the right to transfer the car to possession

So, we found out that documents confirming the right of ownership may be several. At the same time, the only document certifying the transfer of TC from one owner to another, in addition to the sales contract, is the act of receiving the machine.

This act is between the buyer and the seller and contains information about the buyer, the seller, as well as the characteristics and identified disadvantages of the vehicle.

In some cases, the act of receiving and transmission can be replaced by the commodity invoice, but only if the buyer is not a legal entity.

Purchase and sale transaction - a responsible step. Before completing it, it is important to get acquainted in advance with all the nuances and pitfalls, it is accompanying. If you are not sure and competent enough - it is better to trust her accompaniment to professionals, contacting competent lawyers.

The document for the right of ownership of the vehicle is the official paper, confirmation of the rights of the owner on the vehicle obtained by legal way. The eligibility of possession, use and disposal of such property as a car is confirmed documented. Paper determining the right of an individual to the property most often acts as a certificate of registration of the vehicle. This certificate the owner receives when the state registration procedure passes (registration) TC.

Types of documents, the presence of which confirms the property claims of a citizen on the vehicle

The legislation of the Russian Federation establishes documents certifying the right of the citizen to the vehicle in its possession. First of all, in this capacity is the proper agreements:

• purchase and sale;
• exchange;
• donation;
• rent;
• other transactions conducted within the framework of the Norms of the GC.

Also confirmed the ownership of the TC paper issued by the social protection authority on the provision of means of movement with disabilities. In cases where the property claims at the owner arise as a result of a trial, the eligible paper will be a court decision or judicial order.

Inheritance may also be a basis for acquiring a vehicle. At the same time, the certificate confirming the adoption by a citizen of the inheritance certifies the property claims of the face.

Also, the dual-configuration papers may be a certificate and decision of the local government on recognizing the owner of the vehicle recognized by the find.

A document confirming the ownership of a citizen to the vehicle must contain information about the transaction or decision of the State Border, the cost of the vehicle, the data of the physical or legal entity, the address and signatures of the Parties participating in the transaction, date and place of compilation, as well as all information about the car (year release, VIN code, color, brand, model and others).

The above documents confirming the ownership of the car are advantageous. According to the law, directly ownership of the vehicle occurs at the time of its transfer under the contract, except for cases, separately prescribed in the contract or law. However, it should be noted that the transaction with the CU is necessarily undergoing the registration procedure in government agencies and only then a citizen acquiring a car becomes the legitimate owner. The transfer of copyright is confirmed by a certificate of registration. For the passage of this procedure, no driver experience is required, since the owner of the vehicle may be a person who does not have a driver's license. To obtain a certificate and registration of the TS, it is necessary to provide any of the above documents to the territorial separation of the traffic police.

Most often, property claims for transport are established on the basis of a sale agreement, since citizens from hand or in car dealerships are purchased. The fact of ownership may also be confirmed by the act of receiving the TC. It must contain the following information:

• Data on the buyer and seller (surname, name, patronymic, registration address, place of registration of legal entities);
• Data TC (model, brand, identification number, color and other);
• All detected car disadvantages (chips, scratches, not complete staffing and other).

When an individual acts as a buyer, the seller may limit itself to the issuance of the commodity invoice. You should know that the invoice can be confirmed by the fact of the transition of the copyright to the face, it is better to use the act of receiving acts as a specifically-configuration paper. Therefore, it is necessary to demand the execution of the act from the seller.

The TC passport certified in the traffic police contains a mark of the owner, but is not a guarantee and does not confirm the ownership of the TC. According to the legislation, it is only a registration paper.

When does the car owner become the owner of the car? What documents are needed to confirm the right of ownership of movable four-wheeled property? Does this ratio make a registration machine for registration, as well as removal from it to the traffic police.

These, as it turned out, important issues answered the Supreme Court in the review of judicial practice. This is essentially specific recommendations for all other vessels, how to make decisions in such situations.

Some insurance companies, as well as some judges, as it turned out, do not know from what moment the ownership of movable property comes, that is, the car. As a result, the first refuse to pay after the accident, and the second support them in error.

So, in April 2014, an accident occurred in Rostov-on-Don. Driver Zaitseva crashed into the Chekhov car. Experts appreciated the damage of 105 thousand rubles. However, the insurance culprit of the accident refused to pay. She referred to the fact that the car allegedly does not belong to Chekhov. According to the passport of the vehicle, as well as a registration certificate, the car is registered with the traffic police after another person. And therefore he is not the owner of the car and claim for payments can not. And this is despite the fact that he has a contract of sale, the act of receiving the car, as well as the CPM Agreement, concluded on the basis of these documents, with another insurance company.

In general, insurers are much to seek excuses, just not to pay on accounts. However, the court of first instance confirmed the validity of their claims. He was supported by the Court of Appeal. Like, the car from the registration record was not filmed, to the new, for Czechov, did not put. And therefore, she does not belong to Chekhov, despite the fact that he paid money for her and received her property under the contract of sale and the act of reception.

However, the Supreme Court did not agree with such a decision. In accordance with paragraph 2 of Article 218 of the Civil Code of the Russian Federation, the ownership of property can be acquired by another person on the basis of a purchase and sale agreement, exchange, donation or other transaction on the alienation of this property. As a general rule, enshrined in paragraph 1 of Article 223 of the Civil Code of the Russian Federation, the moment of the occurrence of ownership of the acquirer of a thing under the contract is the moment of its transfer, unless otherwise provided by law or contract.

Other is real estate. Ownership in this case is subject to state registration. And only after this procedure, having received the appropriate document, the owner becomes a full-awake owner. But the real property includes land plots, plots of subsoil and everything that is firmly associated with land, that is, objects, the movement of which is impossible without disproportionate damage to their appointment, including buildings, structures, facilities of unfinished construction.

By the way, both aircraft and maritime ships are also applied to real matters, as well as inland navigation vessels. They are also subject to state registration.

However, cars, motorcycles and others belong to movable property. State registration of rights to them does not apply. Registration of vehicles is accountable and does not serve as a basis for ownership of them. That is, without registration, the car can not ride on public roads. It is spelled out in the road safety law. Exceptions are made for those who have just acquired a car. For registration for registration, they released 10 days.

The Civil Code of the Russian Federation and other federal laws do not contain norms that limit the authority of the owner by order by the vehicle in cases where this vehicle has not been removed from the registration accounting. There are no legislation and norms that the new acquirer of the vehicle under the contract does not arise the right of ownership if the former owner has not taken it out of registration. Thus, the ownership of the car arises from the moment to transfer to its new owner on the basis of the contract of sale when signing the act of acceptance and transmission.

Ownership of the car arises from the moment to transfer to its new owner

And for whom the car is registered in the traffic police - no one should disturb anyone, except for the previous owner. The courts of all this did not take into account. Therefore, the Supreme Court returned the case to a new consideration of the appellate court, so that the decision was made with new introductory.

I must say that the owner of the car is obliged to register the car in the traffic police within 10 days. Owning a car imposes certain obligations. At least on the payment of the tax on the vehicle. It does not matter whether it is operated or not.

At the same time, the tax inspectorate, as well as the traffic police contract and the act of acceptance and transmission, are considered documents that confirm the transfer of property rights. And for some reason insurers no.