| Abstract [eng] |
The moment of the acquisition of the ownership right is of great importance in determining subject of the ownership - the owner, his rights and duties, emergence of protection of the ownership right, option of defense of the ownership right. This paperwork discusses concepts of ownership and its object, acquisition of ownership rights of the item on individual basis. Work is based on analysis and examination of the moment of acquisition of the ownership of the item on individual basis - transactions (sales and purchase, donation, exchange), inheritance of object, acquisitive prescription, production of a new object, misappropriating the derelict thing. Under the most common sales and purchase, donation, exchange transactions a person, according to the common rule established in Lithuanian Civil Code article 4.49 part 1, acquires the ownership right of the item from the moment of transfer. However, the principles of dispositive and freedom of contract implies that the contract parties are almost always allowed to agree on a different moment of transition of the ownership right. Lithuania established Austrian model of acquisition of the ownership right of inheritance. Heir acquires ownership right of inheritance from the moment of emersion of inheritance, after he has accepted it. According to the case law of Lithuanian courts, ownership right of the item, on the ground of acquisitive prescription, is acquired from the moment of the end of the date of acquisitive prescription which is indicated in a court’s ruling. Ownership of the newly constructed movable property is acquired from the moment of its manufacture. Particularly challenging is the identification of the moment of the acquisition of ownership right of newly constructed immovable structures and immovable structures under construction. The right of ownership is acquired from the moment of construction of both the legal immovable structures, and immovable structures under construction. The same applies to arbitrary immovable structures, provided that such structures were generally legal to build in that exact place. However, according to the general principle of law of ex injuria jus non oritur, ownership right of arbitrary immovable structure, which couldn’t be built in that exact place, does not emerge. Clear regulations on the acquisition of the ownership right of immovable structures are desperately needed, in order to avoid practical and legislation problems which cause serious damage for the legitimate owners of immovable structures. Ownership of the derelict object can be acquired only by the state or municipality, but by the law, some derelict moveable objects can also be adopted by other persons. |
