The recognized proprietary-legal remedies for the protection of ownership rights are vindicatory and negatory claims.
Vindication is used when the owner has been deprived of possession of the property; as is often said, vindication is the recovery of an item by the owner from another's unlawful possession. In a situation of vindication, the owner retains only the right of ownership over the item, which is, by its nature, an intangible right, and regardless of whose hands the object of ownership is in, this right cannot be taken from the owner. The rules of vindication depend on how the object of ownership left the owner's possession. When the property leaves the owner's possession without their will, regardless of whose hands it ends up in, recovery of the item from them is inevitable. However, when the item leaves the owner's possession with their consent, for example, if a lessor transfers the item for consideration to a bona fide possessor, the conflict will be resolved in favor of the bona fide acquirer. In this case, the owner may only claim monetary compensation and be satisfied with that. If the lessor transfers the item gratuitously to another person, then the owner has the right to recover the item. The protection of the rights of bona fide acquirers depends entirely on circumstances unknown to them. Thus, whether the item remains with them or not depends on chance. If there are two bona fide acquirers who buy items at a market, the one who buys from a finder or a thief will have the item taken away, while the one who acquires it from a borrower or a lessor by chance will keep the item. It should be noted that the right of vindication exists only as long as the item is present and has not been destroyed.
The second common remedy for the protection of ownership is the negatory claim. This applies in situations where there is an infringement or other interference with ownership without removal or deprivation of the item. In such cases, the owner may demand that the interfering party cease the unlawful action. If this does not yield results, the owner may apply to the court to prevent the interference. Thus, when the right of ownership is violated without deprivation of the object of ownership, a negatory claim is used to prevent it.
