Possession as a Condition of Passive Legitimization in a Vindication Claim

A vindication claim is one of the classic ways to protect property rights. Since, according construction claim, being destroyed as a result someone else’s illegal possession, passive legitimization associated with possession. At same time, question who owner thing controversial for purposes claim. In legal literature, opinion has been confirmed about applicability theory possession (possessio civilis) in institute which gives grounds believe that not only actual direct thing, but also person transferred into temporary an indirect owner, passively legitimized by This approach should be criticized, since understood and therefore applicable. Passively does fulfill subjective duty owed owner.