| Abstract [eng] |
Master thesis discusses the practical value of distribution of the grounds of acquisition of the ownership right to primary and derivative grounds (original and accession ownership). The thesis reveals the moments of the primary grounds of acquisition of the ownership right: the moment of acquisition of the ownership right to a newly established structure, to unfinished structures, to arbitrarily built structures, and acquisition of the ownership right by to the acquired statute of limitations. The moments of the derivative acquisition of the ownership right are also disclosed in accordance with the contracts entered: a sale-purchase contract, a donation contract, an exchange contract, by inheritance of the immovable property, and by withdrawal of the immovable property for societal needs. Part 1 of Article 4.49 of the Civil Code of the Republic of Lithuania requires that the acquirer of a property shall acquire the ownership right to the property as of the moment the property is transferred to him/her; but the principles of contractual freedom and adversarial (optional) clause often allow the contractual parties to agree on the favourable moment of the transfer of the property. Examination of the moments of acquisition of the ownership right to the immovable property, under the primary and derivative grounds of acquisition of the ownership right to the immovable property, has concluded that the moment of acquisition of the ownership right to the immovable property appears differently. The owner's rights and obligations appear from the moment of acquisition of the immovable property, it all gives him/her the possibility to implement the ownership right. Protection of the rights of the owner enables him/her to uphold the ownership right by means laid down in the laws. Responsibility not to infringe the rights and interests of other persons comes along with it. |
