ՁԵՌՔԲԵՐՄԱՆ ՎԱՂԵՄՈՒԹՅԱՆ ԻՆՍՏԻՏՈՒՏԻ ՍՈՑԻԱԼ-ԻՐԱՎԱԿԱՆ ԲՈՎԱՆԴԱԿՈՒԹՅՈՒՆԸ

Abstract

The scientific article presents the essence and content of the institution of acquisitive prescription, the historical preconditions of its formation and the reasons for its subsequent change. The subject of special discussion is the condition of good faith, which is interpreted as a subjective attitude towards the property (characteristic of treating the property with care of the owner). The article excludes the perception of the concept of good faith as possession of property on a legal basis, as it is accepted in the law enforcement practice of the country. At the same time, it is especially emphasized that possession should not be based on any legal basis, in other words, it is presented that the institution of acquisitive prescription is applicable in the case of illegal possession. In addition, reference is made to the period of acquisitive prescription, which is proposed to begin from the moment when the registered owner became aware of illegal possession or from the moment when the owner definitely could or should have known about such possession, because it is decisive for establishing the fact of indifference shown by the owner. Moreover, as a result of the study, it is concluded that from the moment of reaching the conditions of acquisitive prescription established by law, it is the actual possessor who bears the risk of losing his right to become the owner (to recognize it in a judicial way and submit to registration), as a person in a disadvantageous position compared to the registered owner (old or new).