On the Two Currently Discussed Problems of Restitution

The autbor analyzes two issues that may now be encountered. The first of them is actions on the declaration of will, with the help of which eligible persons seek liable persons' making the contract of restitution of a thing. Court decisions supplementing manifestation of will lead to the conclusion of the contract and thus the ownership of a thing (reality) is obtained only by recording the deal into the land register. The second one is disputes in which the eligible persons assert their claims against persons the property was given. The essential question herein consists in determining what is to be claimed. The author comes to the conclusion that neitber the reivindicatory action nor the action on determining the eligible person to be the owner (co-owner) of a thing is possible to use, but it is necessary to claim the agreement of restitution of a thing be made.