Acquisitive prescription (holding period, after which the acquisition) is one of the original reasons for the acquisition of property rights.In Soviet legislation this institution was not secured.However, acquisitive prescription is necessary.It is noted by many authors of the time.
Russian legislation the concept of "acquisitive prescription" has appeared in the normative act "On property in the RSFSR" (no longer in force on the basis of entry into the first part of the Civil Code).
It should be noted that the use of the provisions of the considered period of ownership in accordance with paragraph. 2225 articles of the Civil Code is considered a subsidiary with respect to the rules laid down in Article 226, 227, 228 and others.On the other hand usucaption provides for property rights not only on the derelict property, but belongs to the owner legally.So, in that order can be made out to the ownership of objects related to federal, municipal and other property.
term "person" in these legal relationships has a special defined meaning.In accordance with Article 234 of the Civil Code under this concept refers only to citizens and legal entities.Municipal formation and subjects of the state, the Russian Federation can not take ownership of using the right of ownership, which includes acquisitive prescription.Based on this law, so may only private ownership.
facilities under consideration relationships are defined as real estate and other assets (for example, holds acquisitive prescription for a land plot).It should be borne in mind that the formation of these relationships is not possible with respect to objects that are removed from circulation, due to the fact that turning them into private ownership is possible (permitted only in accordance with the restrictions established by law).
There are several conditions under which Article 234 of the Civil Code recognizes the acquisitive prescription.Litigation also accepts these circumstances as a basis.The absence of any failure to comply with at least one condition eliminates the possibility of transfer of ownership of the subject method.
So, possession must be diligent character.Integrity means that the acquisition of the things the owner believes deceived (permissible) in the actual circumstances that basis, according to which the thing came to him, giving him the right to own it.Admissibility misled by the fact that the owner was not to know and not know about the illegal possession.
In practice, it should be understood that the requirement of good faith davnostnogo owner during the entire period of acquisitive prescription is impossible.This position is determined at the time of the transaction to establish ownership.
second condition for the recognition of prescription considers opening possession.This position is reflected in the fact that the person is not taking any measures that may be sent or contribute to conceal the fact of ownership of property (thing).
Another condition is the fulfillment of the proprietor of action common to the caring and attentive owner.That is the person belongs to the things are not worse than other property.
fourth condition of recognition of prescription is the continuity of ownership over the life of established law.Episodic ownership is considered an unusually low and points to the reluctance to own.Since the period of prescription is interrupted.
