Institute of acquisitive prescription in the Russian Federation: problems and development prospects

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In modern science of civil law, the problem of defensio is not studied enough. The article gives a general characteristic of interdictum, and various means of defensio are considered in it. It gives a brief history of development of norms of acquisitive prescription in the civil law of the Russian Federation. It is well-known that the literature, dedicated to the problems of the civil rights, do not have a unanimous approach to the question of including acquisition prescription into the system of interdictum. The article shows a comparative analysis of paragraph 2 of article 234 of the Civil Code of the Russian Federation and constructions of interdictum and protection in the framework of Publitsianov lawsuit. It shows the difference between the means of possessive rights and interdictum, provided for by paragraph 2 of article 234 of the Civil Code of the Russian Federation. The article contains assessments of their present condition and perspectives of their development, and gives recommendations aimed at improving this institute.

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Possession, legal category, actual possession, institute, problems and prospects, dominium, means of defensio, acquisition prescription

Короткий адрес: https://sciup.org/142233780

IDR: 142233780

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