VALUE OF CONSCIENTIOUSNESS OF PURCHASER ON PROTECTION OF HIS INTERESTS IN THE TRANSITION OF PROPERTY CASES

Abstract

. The article deals with some issues related to the protection of the rights of a bona fide purchaser. The articles studies views of the continental legal doctrine on the principle of conscientiousness and its significance in the transition of property rights. On the example of judicial practice the article also examines some issues arising in the protection of interests and rights of a bona fide purchaser in property relations. Also, the article examines the different views of Kazakhstan and foreign scholars on the definition of the category of "good faith", reveals the origins of the formation of the principle of conscientiousness in Roman law, based on Roman bona fides and also traces its further development in the continental law.

The article reveals some problems associated with the practical protection of the rights of a bona fide purchaser, as a subject of vindication claims and restitution. The article reviews the problem associated with the application of bilateral restitution by the courts when the transaction is declared invalid. The views of Kazakh lawyers K. Mami, S. Skryabin, K. Ilyasova on this issue have been studied.

The conclusions made on the basis of the results of the article make it possible to study in more detail the main issues related to the protection of the interests of a bona fide purchaser in the transition of property rights. The article is intended for practical scientists, lawyers who are interested in the issues of  property rights protection, proprietary rights and valuation concepts of civil law.