The Content of Acquisitive Prescription Criteria in the Doctrine and Law Enforcement Practice

Abstract

The author analyzed the practice of general jurisdiction courts and commercial (arbitrazh) procedure courts in cases related to acquiring property rights by way of acquisitive prescription heard in 2020–2021. The aim of the study is to determine the degree of influence of legal positions that have been developed in domestic judicial practice on the project of reforming the institution of acquisitive prescription in Russia. The analysis of the array of court decisions resulted in the determination of the content of the acquisitive prescription criteria in law enforcement practice of Russian courts, identification of the problems related to the procedure for recognizing the right of ownership of real estate in the order of acquisitive prescription in court, and proposals for solving them. The author makes conclusions about the preparation of a draft Russian reform of the institution of acquisitive prescription without taking into account the legal positions developed in the practice of courts of general jurisdiction and commercial (arbitrazh) courts in cases of acquiring property rights by way of acquisitive prescription.