Problematyka upływu czasu jako przesłanka zasiedzenia w orzecznictwie sądowym

Abstract

The aim of the article is to present the issues of shaping the problem of the passage of time of usucapion in the judicature of the Supreme Court, common courts and administrative courts. The subject of prescription will be presented by indicating at the beginning of the period of acquisitive prescription, the issue of the type of faith of the holder in relation to the length of the period necessary to acquire ownership of the property by prescription, the expiry of the period of acquisitive prescription, the nature of possession, suspension of the limitation period, recognition of the claim, interruption of the prescription and the limitation institution. claims. The basis for undertaking these analyses are my own research based on the construction in 2018 of an original ontology for a specific legal institution: acquisition of property rights by acquisitive prescription (UsucapiONTO ontology). The rationale for the construction of UsucapiONTO’s own ontology was the lack of representation of the institution of usucapion in the form of an ontology that would enable more effective than nowadays searching for knowledge about this institution of usucapion as well as indicating the necessity of cooperation between lawyers and IT specialistsin building this ontology. The elements of building one’s own ontology are the methodology of its construction, the process of extracting concepts, the basic description of the ontology, the purpose of its construction, a dictionary of legal terms related to usucapion, a table of classes and objects, and axioms concerning properties. Link to the implementation of the original UsucapiONTO ontology in OWL: https://github.com/djuszka/UsucapiONTO/blob/main/UsucapiONTO.owl.Therefore, in order to develop own research on the institution of usucapio also in the context of improving the above ontology, the scope of the article covers the issues of jurisprudence covering the period from January 1, 2019 to November 4, 2022.