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Acquisitive prescription in civil law of Russia: thesis of the candidate of juridical sciences
- Publisher
- Emerald Publishing
- Copyright
- © Emerald Publishing Limited
- ISSN
- 2514-9407
- DOI
- 10.1108/jppel-09-2019-0046
- Publisher site
- See Article on Publisher Site
Abstract
This study aims to clarify the scope of the legal procedure of the acquisitive prescription in Russia.Design/methodology/approachDialectical method, historical method and system analysis method have been used.FindingsThe authors consistently prove the inadmissibility of applying acquisitive prescription to land plots in private, state or municipal ownership. One of the features of Russia as an emerging market economy is that, the major part of state lands is in so-called “non-delineated state ownership.” Plots included in such lands are not registered in the cadaster or transferred to particular public owners. That is why, the authors prove that the procedure of acquisitive prescription must be applied only in relation to land plots that are in non-delineated state ownership and have been occupied by citizens and legal entities for 15 years.Originality/valueThe authors propose new guarantees of the rights of private and public land owners. Clarification of the scope of the acquisitive prescription procedure will streamline the turnover of real estate in Russia.
Journal
Journal of Property Planning and Environmental Law – Emerald Publishing
Published: Mar 18, 2020
Keywords: Property; Acquisitive prescription; Good faith; Land plot; Possession; Right of ownership