The recognition of ownership of the stolen vehicle

In Russia, people often buy and sell cars through company intermediaries. In the sale and purchase of a vehicle through the intermediary of the company or who are not insured, that giving the car to the Commission, will not see it anymore, and bought a car, you may lose because it is either stolen from the former owner or is the subject of the collateral on the loan.

Citizen "K" tried to sell his expensive car, a BMW X5, but to no avail. Employees of the company "Kobzeff motors" offered "help" in the sale of the vehicle, under the terms of the agreement, the company undertook to sell the car, or buy at price specified by seller. Yeah, tempting...

Citizen "K" and "Kobzeff motors" signed a Commission contract, the car was handed over to representatives of the company.

A week later the citizen "K" came to the auto show "Kobzar motors" find out how is selling the car, but neither this organization, nor car in the shopping center was not there.

She immediately turned on the fact of fraud committed by the LLC "Kobzeff motors" in ATC sad research Affairs of Russia in Moscow with the statement.

On this fact the midrange SU ATC sad research Affairs of Russia in Moscow opened a criminal case under part 4, article 159 of the criminal code in relation to unidentified persons LTD "Kobzeff motors" and others.

A police car, a BMW X5, was found and arrested in Moscow while trying to re-register the car for the new owner.

As it turned out after the arrest of the car that the car had already been resold three times, and of course the last buyer was in shock when I learned what the car wanted, but I was hoping that he is a bona fide buyer and the car will stay with him.

In accordance with article 301 of the Civil code of the Russian Federation the owner may reclaim his property from illegal possession.

Car citizen "To" police officers did not give, according to the documents she was no longer the owner of the vehicle.

I have prepared a statement of claim in court about recognition of the right of ownership on the car per citizen "To".

As a result of consideration of the civil case No. 2-3959/14 judge Chertanovo district court of Moscow the claim was granted and the citizen "To" recognized the right of ownership on a BMW X5.

At my request, on the basis of a court decision, the Investigating authorities returned the car to the rightful owner.

Be careful when selling and buying a car.

Sincerely, lawyer Vladislav Lyzhin.

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