Acquisitive prescription ( tenure after which the acquisition is completed) is one of the initial grounds for acquiring ownership. In Soviet law, this institution was not fixed. However, acquisitive prescription was necessary. This was noted by many authors of that time.
In Russian law, the concept of “acquisitive prescription” appeared in the normative act “On Property in the RSFSR” (which became invalid on the basis of the entry into force of the First Part of the Civil Code).
It should be noted that the use of the provisions on the considered tenure in accordance with paragraph 2 225 of the Civil Code article is considered subsidiary of the norms enshrined in articles 226, 227, 228 and others. On the other hand, acquisitive prescription provides for the acquisition of the right of ownership not only to ownerless property, but also legally owned by the owner. So, in the indicated order, the right of ownership to objects related to federal, municipal and other property can be drawn up.
The concept of “person” in the legal relationship under consideration has a special, definite meaning. In accordance with article 234 of the Civil Code, this concept means only citizens and legal entities. Municipal formations and constituent entities of the state, the Russian Federation cannot become owners when using the property right, which provides for acquisitive prescription. On the basis of this right, therefore, only private ownership can arise.
Objects within the framework of the legal relationship under consideration are defined as real estate and other property (for example, acquisitive prescription for a land plot takes place). It should be borne in mind that the formation of these legal relations is impossible with respect to objects that are withdrawn from circulation, due to the fact that their conversion to private ownership is excluded (allowed only subject to the restrictions established by law).
There are several conditions under which article 234 of the Civil Code recognizes acquisitive prescription. The jurisprudence also takes these circumstances as a basis. In this case, the absence or non-compliance with at least one condition excludes the probability of transfer of ownership of the considered method.
So, ownership must be conscientious. Good faith means that when acquiring a thing, the owner considers, being mistaken (permissible) in factual circumstances, that the basis on which the thing came to him gives him the right to own it. Admissibility in error is determined by the fact that the owner should not have known and did not know about the illegality of ownership.
In practice, it is necessary to understand that the requirement from a long-standing owner of good faith throughout the entire period of acquisitive prescription is impossible. This provision is determined at the time of registration of the property establishment transaction.
The second condition for recognition of acquisitive prescription is open ownership. This provision is manifested in the fact that a person does not take any measures that can be directed or contribute to concealment of the fact of ownership of property (thing).
Another condition is that the owner performs actions that are usual for a caring and attentive owner. That is, a person relates to things no worse than to other property.
The fourth condition for the recognition of acquisitive prescription is the continuity of ownership throughout the term established by law. Occasional ownership is considered unusually small and indicates unwillingness to own. So the period of acquisitive prescription is interrupted.