DOSJELOST U SREDNJOVJEKOVNIM STATUTIMA SJEVERNOG JADRANA
ADVERSE POSSESSION IN MEDIEVAL STATUTES OF THE NORTHERN ADRIATIC

Summary/Abstract: In the paper, the author deals with the institute of adverse possession as a specific way of acquiring ownership based on possession of things. In contrast to the classical Roman and modern understanding, which require good faith (bona fides) and title (titulus) of the owner, medieval solutions do not set these conditions and require only the non-recognition of someone else’s right over real estate, similar to post-classical law, but only the passage of time, which approaches the limitation of ownership rights or loss of prescription (praescriptio), and not acquisition of ownership by adverse possession. The regulations on this include the Statute of Senj (1388), the Statute of Rab, the Statute of Cres-Osor (1440) and the Statute of Mošćenice (1637), on the territory of Istria the Statute of Trieste (1305), the Statute of Milja (1333), the Statute of Poreč (1363) and in Dalmatia, for example, the Statute of Brač (1305). Regulations are changed by the penetration of post-glossary ideas, for example in the Statute of Trieste (1350), the Statute of Dvigrad (XIV century), the Statute of Pula (1431) and the Statute of Krk (in Latin, XVI century).

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