Acquired prescription (term of possession, bythe expiry of which is being acquired) is among the initial grounds for acquiring ownership. In Soviet law, this institution was not consolidated. However, acquisitive prescription was necessary. This was noted by many authors of the time.
In the Russian legislation, the concept of "acquisitive prescription" appeared in the normative act "On Property in the RSFSR" (which became invalid on the basis of the entry of the First Part of the Civil Code).
It should be noted that the use of provisions onthe considered term of possession in accordance with clause 2 225 of the Civil Code article is considered to be subsidiary to the norms stipulated in Articles 226, 227, 228 and others. On the other hand, acquisitive prescription provides for the acquisition of property rights not only for orphaned property, but also owned by the owner on legal grounds. So, in the specified order the right of possession on the objects concerning to federal, municipal and other property can be made out.
Понятие "лицо" в рассматриваемых правоотношениях has a specific specific meaning. In accordance with Article 234 of the Civil Code, this term means only citizens and legal entities. Municipal formations and subjects of the state, the Russian Federation can not become owners in the use of property rights, which involves acquisitive prescription. Based on this right, therefore, only private ownership can arise.
Objects in the context of legal relationsare defined as immovable and other property (for example, there is an acquisitive prescription for a land plot). At the same time, it is necessary to take into account that the formation of these legal relationships is impossible with respect to objects that are withdrawn from circulation, because their circulation into private property is excluded (only if the restrictions established by law are observed).
There are several conditions, in accordance withwhich Article 234 of the Civil Code recognizes acquisitive prescription. Judicial practice also takes these circumstances as a basis. In this case, the absence or non-observance of at least one condition excludes the probability of transfer of ownership in the manner considered.
Thus, possession must be conscientiouscharacter. Conscientiousness means that when acquiring a thing the owner believes, erring (permissible) in actual circumstances, that the basis under which the thing has got to him, gives him the right to own it. Admissibility in error is determined by the fact that the owner did not need to know and did not know about the illegality of possession.
In practice, it is necessary to understand that the requirementfrom the long-time owner of good faith during the entire period of acquisitive prescription is impossible. This provision is determined at the time of registration of the transaction for the establishment of property.
The second condition for the recognition of theprescription of possession is considered. This provision is manifested in the fact that a person does not take any measures that can be directed or contribute to concealing the fact of possession of property (thing).
Another condition is the owner commits actions, usual for a caring and attentive owner. That is, a person refers to a thing as well as to other property.
The fourth condition for the recognition of thePrescription is the continuity of possession throughout the entire period established by law. Episodic possession is considered unusually small and indicates unwillingness to own. So the period of acquisitive prescription is interrupted.
