What is a negative action?

The claim of the owner to eliminate any obstacles in his exercise of the right to use and dispose of the property is negative, even if these violations are not related to the deprivation of the right to possession (Article 391 of the Civil Code of Ukraine).

A negative lawsuit is filed by the owner on the condition that he has the property in his possession, but the illegal behavior of other persons prevents him from exercising the right and disposing of it. The owner of the property can file a lawsuit for recognition of his ownership right, if this right is contested or not is recognized by another person, as well as in case of loss of the document certifying his ownership. In order to file such a lawsuit, it is not required that the obstacles to the exercise of the right to use and dispose of the property were the result of the defendant's culpable actions or caused the plaintiff losses. It is enough that such actions at least did not deprive the owner of property ownership, but objectively violated his rights and were illegal. Like the vindictive one, the negator's claim is a rem-legal claim and can be applied only in the absence of binding relations between the claimant and the defendant and be filed in relation to individually determined property.