Thus, according to the position of the Supreme Court in the decision of October 30, 2019 in case No. 683/2694/16-c, the ownership of the vehicle arises only from the moment of its state registration, not from the moment of transfer of the car under the contract of sale.
In the circumstances of this case, the plaintiff purchased a car from the LLC, about which a contract of sale was concluded. In fulfillment of this agreement, he was provided with a certificate of registration of the vehicle and a power of attorney for possession, disposal, use of the specified car. For 5 years, the plaintiff did not remove or put the car on the account, did not re-register the ownership.
During this period, the plaintiff learned that the car was in search and under arrest in connection with the enforcement of a judgment on debt collection from LLC in favor of PJSC. Considering that his rights as a car owner were violated, the person appealed to the court to recognize the ownership of the disputed car and to arrest him.
The courts of both instances rejected the claim. The court's decision was supported by the cassation instance.
According to the Supreme Court, property rights are acquired on grounds not prohibited by law, in particular from transactions. If the contract of alienation of property is subject to state registration, then, according to Part 1 of Art. 328, Part 4 of Art. 334 of the CC the ownership right of the acquirer arises from the moment of such registration.
Similarly, the procedure of state registration (re-registration), removal from the register of cars, approved by the decree of the Cabinet of Ministers No. 1388, establishes the obligation of owners of vehicles and persons operating such vehicles legally, to register (re-register) vehicles within 10 days after purchase, or circumstances that may be necessary to amend the registration documents.
Thus, only the contract of sale without real withdrawal from registration, re-registration of the vehicle in the above order does not create legal consequences in the form of transfer of ownership from seller to buyer.