ИСКЪТ ПО ЧЛ. 76 ОТ ЗАКОНА ЗА СОБСТВЕНОСТТА
ТHE CLAIM UNDER ART. 76 OF THE PROPERTY ACT
Author(s): Kalin DobrevSubject(s): Law, Constitution, Jurisprudence, History of Law, Criminal Law, Civil Law, EU-Legislation, Commercial Law, Court case, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: possession; deprivation; defense; action spolii; violence; hidden way
Summary/Abstract: The article reveals the nature and the application of one of the main claims for defense of possession - the claim under Art. 76 of the Property Act (PA). The claim originates from the canon law, where it was known as actio spolii. The claim under Art. 76 of the PA protects the deprivation of possession, carried out in two qualified forms – by violence or in a hidden way. The current article draws attention not only to the main theoretical views, related to the nature and application of the claim, but also to the contemporary views and the application of the claim in the case law. The article also shows the author's personal opinions on issues differently interpreted in the theory and the case law. In the light of the abovementioned, the article may be useful to both theorist and practicing lawyers.
Journal: IUS ROMANUM
- Issue Year: 2022
- Issue No: 1
- Page Range: 733-747
- Page Count: 15
- Language: Bulgarian
