Modern civil science bypasses the study of fictitious possession of a thing and the responsibility of a person who introduced himself as the owner in a dispute over a vindication claim. Roman law was aware of the fictitious owner, who was responsible for the deception committed by him in a claim for the recovery of property in the amount of the value of the thing. Despite the fact that in modern law a person who does not own a thing cannot act as a defendant in a vindication claim, it is impossible to exclude the occurrence of situations when a person who does not actually own a thing becomes a defendant in a claim for the recovery of property, including for reasons related to this person, such as, for example, when recognizing himself the owner in a legal dispute. This issue has not been investigated in civil law science, and therefore a comprehensive study of the phenomenon of fictitious possession of a thing and the responsibility of a fictitious owner in modern civil law is necessary.
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Д А Мальбин (2024) studied this question.
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