Court proceedings in cases regarding ascertaining acquisitive prescription of real estate
Court proceedings in cases regarding ascertaining acquisitive prescription of real estate
Author(s): Paweł M. NowotkoSubject(s): Law on Economics
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: civil proceedings; property law; non-litigious proceedings; acquisition of property;
Summary/Abstract: In the article, the author presents the characteristics of the proceedings for ascertaining acquisitiveprescription of real estate. Acquisitive prescription is a way to gain property rights. The legislatorestablished non-litigious proceedings in this respect, and at the same time regulated its differencesonly to a very narrow extent. In this study, the author attempts to comprehensively characterize theproceedings by interpreting legal provisions, discussing views of doctrine and jurisprudence and theircritical analysis. The study discusses both the issues of subjects of proceedings as well as the dynamicsof proceedings and the characteristics of judgments issued in them. Of particular importance areissues that give rise to doubts, such as the circle of subjects interested in the case, references to theprovisions regarding the confirmation of the acquisition of an inheritance and the problem of notbinding the court with an application request.
Journal: Acta Scientiarum Polonorum Administratio Locorum
- Issue Year: 19/2020
- Issue No: 4
- Page Range: 229-240
- Page Count: 12
- Language: English
