За значението на намерението при придобивната давност
On the animus at the adverse possession

Summary/Abstract: CIVIL LAW // The article deals with the purpose at the adverse possession, also known with the Latin language term animus domini / possidendi. The article points out that this element is interesting and complex from theoretical viewpoint and hence for practical application in specific cases. The complexity originates in the fact that the purpose has rather psychological that legal nature and, moreover, its ascertainment has decisive character for determination on the issue whether a real or personal property had been adversely possessed. The article offers review of jurisprudential cases where the owners of real and personal property had turned into holders of the property because of revocation of theirs acquisition grounds ex ante. In such cases, unless the property belongs to a number of owners, a tendency is outlined that acquisition of property due to adverse possession should be denied, even if the possession had lasted for a long period of time. Further, it can be observed that the judicial practice favours rather the status quo and the succession than the adverse acquisition. The article recommends certain correction of the assessments and a fresh view towards the stated aforesaid issues.

• Details
• Contents