| Title |
Įgyjamosios senaties institutas Lietuvos teisėje: reguliavimo ir jo aiškinimo bei taikymo probleminiai aspektai / |
| Translation of Title |
Institute of acquisitive prescription (usucapio) in lithuanian law: problematic aspects of regulation, interpretation and application. |
| Authors |
Puodžiūnas, Rokas |
| Full Text |
|
| Pages |
66 |
| Abstract [eng] |
This master thesis analyzes the institute of Acquisitive Prescription (Usucapio) in Lithuania law, focusing on the problematic aspects in the regulation and the interpretation by the courts that prevent the successful practical application of this institute. Acquisitive Prescription allows a person to become an owner of thing after possessing it for a determined time period. However, because of the true owner of the thing might lose he’s/hers right that is way it is necessary to analyze this institute in the context of the right to property and compensation for the loss of this right. The thesis was carried out by examining the required conditions to allow the acquisition of ownership by Acquisitive Prescription set out in the Civil Code of the Republic of Lithuania and seeing how these requirements are interpreted by the national courts (mainly by the Supreme court of Lithuania). Also by comparing the set out regulation to other jurisdictions and to Roman law to acknowledge what exactly prevents this institute to be applied more often and suggest remedies to liberalize the institution in Lithuania. The main problems that were concluded during the preparation of this thesis: Lithuanian law protects publicly owned land from any form of Acquisitive Prescription due to this a third party which has taken care of land that has been forsaken by the state cannot receive property rights. Lithuania law does not allow prescription without good faith. A suggested proposition would be to allow Acquisitive Prescription even without good faith but increasing the time a person must possess the thing. |
| Dissertation Institution |
Vilniaus universitetas. |
| Type |
Master thesis |
| Language |
Lithuanian |
| Publication date |
2022 |
