PROTECTION OF THE RIGHTS OF BONA FIDE PURCHASERS IN THE CONTEXT OF DECLARING REAL ESTATE TRANSACTIONS INVALID

Author(s): Sirik N.V.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2026-3-32-38

Release: 2026-3 (51)

Pages: 32-38

Keywords: bona fide purchaser, invalidity of transactions, vindication, restitution, real estate, judicial practice, reasonable diligence, USRRE

Annotation: The article examines the evolution of legal approaches to protecting bona fide purchasers of real estate in the context of challenging transactions. It analyzes the fundamental conflict between the rules on restitution (Art. 167 of the Civil Code of the Russian Federation) and the rules on vindication (Art. 301, 302 of the Civil Code of the Russian Federation). Particular attention is paid to the transformation of the judicial practice of the Supreme Court of the Russian Federation, culminating in the Lurie case (2025). The criteria of «reasonable diligence», the distribution of the burden of proof, and the prospects for legislative consolidation of the principle of public credibility of the register are considered. The author concludes that priority is increasingly given to the stability of civil turnover over the formal restoration of the rights of an owner who has been negligent. In conclusion, it can be asserted that in 2026, the Russian system for protecting property rights has reached a new level of ma- turity. The priority of the rights of a bona fide purchaser over the interests of an owner who has been negligent is the key to the investment attractiveness of the real estate market and civil peace in society. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Sirik N.V. PROTECTION OF THE RIGHTS OF BONA FIDE PURCHASERS IN THE CONTEXT OF DECLARING REAL ESTATE TRANSACTIONS INVALID // Journal of Legal Sciences. – 2026. – № 3 (51). – С. 32-38. doi: 10.21777/2587-9472-2026-3-32-38