Понятие приобретательной давности как субинститута гражданского права

Abstract

The paper considers the concept of acquisitive prescription as a subinstitution of the civil law propriety institution. The procedure for implementing the subinstitution is given in Article 234 of the Civil Code of the Russian Federation. Based on the analysis of the problems of law enforcement practice regarding Article 234 of the Civil Code of the Russian Federation on the requirements for declaration of proprietary rights due to acquisitive prescription, and taking into account the explanations of the Supreme and Constitutional Courts of the Russian Federation, the author proposes to form a single definition for the subinstitution in question. After the adoption of the “pivotal” resolution of November 26, 2020 No. 48-P by the Constitutional Court of the Russian Federation on the issues of acquisitive prescription, which has a universally binding nature and answers many problematic issues in law enforcement practice of Article 234 of the Civil Code of the Russian Federation, the number of court cases and positive judicial acts in plaintiff’s favor has increased significantly. This indicates an increased interest in the subinstitution and its application. However, at the level of practice and legal science, the concept of acquisitive prescription has not been brought to a single formulation. Therefore, the author proposed a new definition for the subinstitution: “Acquisitive prescription is a civil law sub-institution consisting of legal rules governing the specifics of the acquisition of ownership by a person who, not being its title owner and having no other grounds for this, gained possession of it by lawful actions and used it faithfully, openly and uninterruptedly within an established period.”