Inheritance of residential premises and the rights of bona fide purchasers: problems of correlation of titles and priorities of interests

this article is devoted to the analysis of one of the most acute and controversial problems of Russian civil law – the conflict of heirs' rights to residential premises and the interests of bona fide purchasers of such real estate. The fundamental contradiction between the principle of protection of property rights, which presupposes the possibility of vindication of property from any illegal owner, and the principle of stability of civil turnover, which requires the protection of the acquirer relying on the data of the public registry, is investigated. The paper analyzes the content of the legal positions of the heir and the bona fide acquirer, identifies the shortcomings of the existing legal regulation, in particular, the criterion of "disposal of property against the will of the owner" (art. 302 of the Civil Code of the Russian Federation) in the context of hereditary legal relations. The purpose of the article is to pose the problem and formulate a conceptual approach aimed at achieving a fair balance of interests of the parties, based not on the formal application of the norm, but on a comprehensive assessment of the factual circumstances of the case, including the behavior and prudence of each of the participants in the legal relationship.

inheritance, residential premises, bona fide acquirer, vindication, confiscation of property, Unified State Register of Real Estate (USRN), protection of property rights, conflict of interests, disposal of property against will, stability of civil turnover