MEDIATION AS A WAY OF PROTECTION OF THE BONA FIDE PURCHASER’S RIGHTS

Abstract

The article provides information about the need of the use of mediation procedures in the legal regulation of conflicts, related to the establishment of a property right between a bona fide purchaser and a title owner. The title owner is a person who is although not the owner of the property, but owns this property by virtue of law or contract. A bona fide purchaser, in turn, is a person who has purchased assets from a person who did not have the right to alienate them, and a bona fide purchaser had no knowledge and should not have had knowledge of this.

The difficulty of application of mediation to disputes related to the establishment of property rights over property is that the parties initially consider themselves to be the legal owner of the property and are not ready to incur financial losses. Nevertheless, during the trial, the court will satisfy the claims of one party, while the other party risks losing both property and invested funds. Therefore, the mediator's mission is to inform the parties about the need of settlement of the dispute, even if it assumes that both sides will suffer losses.

The special attention is paid to the problems of the use of mediation in disputes between a bona fide purchaser and a title owner. Possible ways of overcoming mentioned problems are analyzed in this article. Also the article tends to be useful for practicing scientists, lawyers who are interested in the legal regulation of conflicts and the development of alternative methods of conflict resolution in the Republic of Kazakhstan.