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The court came to such conclusion on the basis of solutions of two cases considered by the same arbitration court concerning the same claimant: in the matter of N SU-197/94 the court recognized invalid constituent documents of the claimant, and in the matter of N SU-42/95 - the act of its registration as legal entity.

Can be a subject of the vindikatsionny claim only individually – a certain property. However in case of an individualization there can be vinditsirovana and things possessing uniform general properties for all things of this look: construction materials, fuel, production of plant growing etc. If it is impossible to allocate concrete property from uniform things of the owner, the owner makes the claim from superficial enrichment.