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RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of February 2, 2005 No. 10-0303/4061

The owner has the right to request the property from others adverse possession (vindication), and also to require elimination of any violations of its right though these violations and not were is connected ы with deprivation of ownership (the negotorny claim)
(Extraction)

JV RAMSI LTD appealed to economic court with the claim for eviction of the BSF "Alex Trading" from disputed rooms.

Requirements of the claimant are met by the judgment.

The decision is left by the resolution of appellate instance without change.

Without having agreed with the court resolutions which took place on case, the defendant addressed with the writ of appeal about their cancellation and the direction of case on new trial.

Judicial board, having studied case papers, having discussed arguments of the writ of appeal, considers the claim unreasonable on the following bases.

As it is seen from case papers, on July 9, 1997 between the claimant and Management of SPC of RUZ across Tashkent the Agreement N 1, according to which claimant was signed the apartment N2 in the house N79 on st. Nukus was acquired in property. Also, on July 20, 1997 between the claimant and Management of SPC of RUZ across Tashkent the Agreement N 2, according to which claimant was signed the apartment N1 in the house N79 on st. Nukus was acquired in property. After payment of cost of the acquired apartments by Management of SPC of RUZ for Tashkent to the claimant the state orders of N566 hey and N567 hey on the property right were issued.

Due to the need of carrying out repair work on re-equipment of apartments under office and lack of means for repair by the claimant the specified apartments were not used.

In 2002 the claimant knew that the defendant self-willedally occupied the specified rooms. Requests of the claimant to exempt rooms were ignored by the defendant in this connection the claimant took a legal action with the requirement to evict from the defendant disputed rooms.

Trial and Appeal Courts legally and reasonably met requirements of the claimant.

According to Article 182 of the Civil code RUZ one of the bases of acquisition of property right is property acquisition according to the transaction, as corresponds actually according to the submitted documents.

According to Article 164 of the Civil code of the Republic of Uzbekistan and article 1 of the Law of the Republic of Uzbekistan "About property" the property right represents the right of person to own, use and dispose of the belonging property at discretion and in the interests.

According to Articles 164, 228 and 231 Civil codes of the Republic of Uzbekistan and article 33 of the Law of the Republic of Uzbekistan "About property" the owner has the right to request the property from others adverse possession (vindication), and also to require elimination of any violations of its right though these violations and were not connected with deprivation of ownership (the negatorny claim).

Follows from case papers that disputed apartments are occupied by the defendant based on the lease agreement signed with Department on operation of buildings while these disputed rooms are not municipal property, the Department had no right to dispose of them.

Also, according to article 60 HPK RUZ the decision of general court which took legal effect on civil case is obligatory for the economic court considering another matter, on questions of the circumstances established by the decision of general court and concerning persons participating in case.

By the decision of Mirabadsky interdistrict court on civil cases of July 14, 2004 in satisfaction of claims of the prosecutor of Mirabadsky fog to the citizen M. A., to Management of SPC of RUZ across Tashkent, JV RAMSI LTD and Head department of regulation of land relations and the inventory of the real estate of Khokimiyat of Tashkent (further "GURZOIKN") about recognition of the Agreements N1 and N2 of purchase and sale of the disputed apartments concluded between Management of SPC and the citizen M. A., the purchase and sale agreements N1 of the July 9, 1997 and N2 of July 20, 1997 concluded between Management of SPC of RUZ across Tashkent and JV RAMSI LTD, the state warrants for the property right of N566au and N567au of September 17, 1997 issued to JV RAMSI LTD, registration of the property rights to disputed apartments in ГУРЗОиКН by invalid it is refused.

Under such circumstances requirements of the claimant are reasonable and are legally satisfied.

The judicial board considers that it is necessary to leave the court resolutions which took place on case without change, and the claim of the defendant - without satisfaction.

 

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