Il concetto romano di bona fides e la sua applicazione in Russia all'usucapione delle quote nella proprietà comune
The Roman Concept of Bona Fides and Its Application in Russia to Acquisitive Prescription of Participation Quota in Co-owned Property

Author(s): Daniil Tuzov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Russian law; Civil law; Acquisitive prescription; Good faith; Possession; Co-ownership; Participation quota in co-owned property; Jurisprudence as a source of law;
Summary/Abstract: Recently, the Supreme Court of the Russian Federation, in some of its decisions, modified the concept of good faith (bona fides) significantly in relation to acquisitive prescription (usucapio), bringing it more in line with its Roman counterpart. It is worth noting at this point that the same Court adopted the concept of good faith as late as in 2010. However, the interpretation of the said concept, given by the Court on the matter of acquisitive prescription of participation quota in co-owned property, seems wrong and contra legem. It has a tendency of abolishing, in practice, good faith as a requirement for acquisitive prescription.

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