| Abstract [eng] |
Acquisitive prescription is one of the bases of property rights acquisition. The beginnings of this institute, regulated in the legal system of Lithuania, date back to ancient Rome. This work analyses of acquisitive prescription institute, names legal topic of its application. The institute of acquisitive prescription is revealed through the analysis of its origin, development in legal system and naming of its legal significance. Property right on the basis of acquisitive prescription is gained only after the implementation of all conditions, provided in law, therefore much attention is paid to the analysis of these conditions totality. The work presents thorough analysis of what objects may be acquired as property, regarding the prohibitions contained in legislation. Sustaining the practice of the Supreme Court of Lithuania, a wide analysis of conditions content of an object tenure, on the basis of which property is acquired, is given, and the problems in the case of application of these conditions are listed. Emphasizing proper application of acquisitive prescription, a circumstance is analyzed, when a person, without documents, validating construction legitimacy, seeks to acquire property right for a building on the basis of this institute. The work also analyzes dissociation issue of acquisitive prescription and other property right acquisition elements, analyzing problematic aspects related to the application of acquisitive prescription. |
