The Supreme Court of the Russian Federation clarified when a car owner becomes the owner of the car
When does a car owner become the owner of a car? What documents are needed to confirm ownership of movable four-wheeled property? Does the registration of the car, as well as deregistration with the traffic police, have anything to do with this?
These, as it turned out, important questions were answered by the Supreme Court in its review of judicial practice. These are, in fact, specific recommendations for all other courts on how to make decisions in similar situations.
Some insurance companies, as well as some judges, as it turned out, do not know from what moment ownership of movable property, that is, a car, begins. As a result, the former refuse to pay after an accident, and the latter support them in their delusions.
So, in April 2014, an accident occurred in Rostov-on-Don. Zaitseva’s driver crashed into Chekhov’s car. Experts estimated the damage at 105 thousand rubles. However, the insurance company responsible for the accident refused to pay. She referred to the fact that the car allegedly did not belong to Chekhov. According to the vehicle passport, as well as the registration certificate, the car is registered with the traffic police for another person. Therefore, he is not the owner of the car and cannot claim payments. And this is despite the fact that he has a purchase and sale agreement, an act of acceptance and transfer of the car, as well as a compulsory motor liability insurance agreement, concluded precisely on the basis of these documents, with another insurance company.
In general, insurers are more than willing to make excuses to avoid paying bills. However, the court of first instance confirmed the validity of their claims. The appellate court also supported him. Like, they didn’t deregister the car, they didn’t put it on a new one, under Chekhov. And therefore it does not belong to Chekhov, despite the fact that he paid money for it and received ownership of it in accordance with the purchase and sale agreement and the transfer and acceptance certificate.
However, the Supreme Court did not agree with this decision. In accordance with paragraph 2 of Article 218 of the Civil Code of the Russian Federation, ownership of property can be acquired by another person on the basis of a purchase and sale agreement, exchange, donation or other transaction for the alienation of this property. According to the general rule, enshrined in paragraph 1 of Article 223 of the Civil Code of the Russian Federation, the moment of emergence of the ownership right of the acquirer of a thing under an agreement is the moment of its transfer, unless otherwise provided by law or agreement.
Other is real estate. Ownership in this case is subject to state registration. And only after this procedure, having received the appropriate document, the owner becomes the full owner. But real estate includes land plots, subsoil plots and everything that is firmly connected to the land, that is, objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures, and unfinished construction projects.
By the way, immovable property also includes aircraft and sea vessels, as well as inland navigation vessels. They are also subject to state registration.
However, cars, motorcycles, etc. are classified as movable property. State registration of rights does not apply to them. Registration of vehicles is of an accounting nature and does not serve as a basis for the emergence of ownership rights to them. That is, without registration, a car cannot drive on public roads. This is stipulated in the road safety law. Exceptions are made for those who have just purchased a car. They were given 10 days to register.
The Civil Code of the Russian Federation and other federal laws do not contain rules limiting the powers of the owner to dispose of a vehicle in cases where this vehicle has not been deregistered by him. There are no provisions in the legislation that state that a new purchaser of a vehicle under a contract does not have ownership rights to it if the previous owner has not deregistered it. Thus, ownership of the car arises from the moment it is transferred to the new owner on the basis of a purchase and sale agreement upon signing the transfer and acceptance certificate.
And who the car is registered in the traffic police should not bother anyone except the previous owner. The courts did not take all this into account. Therefore, the Supreme Court returned the case for a new trial to the appellate court so that the decision could be made with new inputs.
It must be said that the owner of the car is obliged to register the car with the traffic police within 10 days. Owning a car comes with certain responsibilities. At least for paying vehicle tax. It doesn’t matter whether it is used or not.
At the same time, the tax office, as well as the traffic police, consider the purchase and sale agreement and the acceptance certificate as documents that confirm the transfer of ownership. But for some reason the insurers don’t.