Among existing legal institutions, the institution of prescription is of particular interest. The conditions for its use are fixed in the Civil Code. It should be noted that not all citizens know about its existence. In our article, we will analyze the features of the application of the norms, how long is the period of acquisitive prescription for real estate and movable objects, and some other issues.
Terminology
How determines the acquisitive prescription of the Civil Code of the Russian Federation? From Art. 234 of the Code implies that this concept is used to designate one of the methods of obtaining property rights to the property used. The institution of prescription, the grounds for acquiring objects with its help have been known since Roman law. In ancient Rome it was called usucapio - "acquisition by virtue of use."
Article 234 of the Civil Code of the Russian Federation stipulates that a subject that is not the owner of the property, openly, in good faith, continuously owning it as his own, may become its rightful owner. Moreover, the conditions for obtaining rights are established in the norm. So, article 234 of the Civil Code of the Russian Federation makes a separation according to the period of use between real estate and movable property. For the first, the period is 15, and for the second - 5 years. This means, for example, that a person can use the right of acquisitive prescription for a house (as an immovable object) only after fifteen years of bona fide, continuous and open possession.
The subject of law can be both an individual and a legal entity.
The nuances of applying standards
The provisions of the Civil Code of the Russian Federation on acquisitive prescription are closely related to the rules governing state registration of property. Under current law, property rights must be registered. Recognition of the right of ownership by virtue of acquisitive prescription is carried out at the time of registering the object and entering the relevant information into a single register. This rule also applies to movable items subject to state registration.
The subject, upon expiration of the period of acquisitive prescription for real estate, draws up an application to include information about the object and its property in the register. Documents confirming the fulfillment of the conditions established in article 234 of the Civil Code are attached to it.
User warranties
Since the period of acquisitive prescription for real estate is a sufficiently long period, an entity engaged in continuous, open and fair use receives the right to protect property from third parties that are not considered legal owners or owners. In addition, he can add to the time of ownership the period during which the corresponding object was used by the person whose successor the given subject became. This means that the statute of limitations on real estate is fifteen years of common use by the testator and the heir.
The course of the period begins no earlier than the expiration of the statute of limitations for a claim for the recovery of an object by way of vindication.
Features of subjects of law
The establishment of the period of acquisitive prescription is of great practical importance in the regulation of private property relations. The institute for the protection of tenure has a special role in regulatory regulation, regardless of its foundation.
In paragraph 1 of Art. 234 of the Civil Code, the subject of law is defined as a "person". However, in this case, there is a refinement in the norm. The subject of law is a legal entity or citizen. Consequently, the Russian Federation, its subjects and municipalities do not participate in relations related to the acquisition of an object by acquisitive prescription.
Object Specifics
234 article of the Civil Code stipulates that one of the conditions for obtaining an immovable object in property is its possession for fifteen years. Real estate, in accordance with Art. 130 of the Code, are considered: land, subsoil, water bodies (isolated from others), as well as everything that has a strong inextricable connection with the land. In the latter case, we mean objects whose movement without causing disproportionate damage to them is not possible. Among them, among others, include forests, structures, perennial plantations, buildings, unfinished objects. A legal entity and citizens can obtain all this real estate after 15 years of bona fide, continuous and open ownership.
In paragraph 1 of Art. 234 CC there is an indication of "other objects". Under them should be understood movable things. For them, the duration of ownership is 5, not 15 years.
It must be remembered that the Civil Code allows for the existence of things seized or limited in circulation. The rules on prescription do not apply to them.
In addition, certain movable items and real estate may be the property of the Russian Federation exclusively. These include, in particular, ships with nuclear materials and facilities, other facilities that ensure the country's defense capability, etc. The rules on long-term ownership also do not apply to them.
Legal structure
Its key link is ownership, the most important characteristic of which, in turn, is social recognition. The company can determine whether a particular object is in possession. With a positive answer, others are able to formulate an opinion about the owner of the thing. This judgment will be based on a complex of different facts. The key will be the purpose of the object.
If others see that the position of a thing is similar to that which usually happens with the normal use of such objects, then, therefore, it is in possession.
Equally important are the circumstances of time and place. Guided by their social experience, others determine whether a similar object, used for its intended purpose, can be located at a particular place at a given time.
The subject's attitude to the thing used by him is also subject to evaluation. If the person’s behavior is the same as that of other persons using similar objects, then others make an input that the thing is in the possession of this subject.
The relationship of ownership and ownership
If we consider the issue of using facilities for personal or industrial purposes from the perspective of the whole society as a whole, then operation is carried out by those persons who have the right to do so. Accordingly, ownership, being a socially recognizable phenomenon, provides social recognition and ownership.
Those around, having formulated the conclusion that this object is in possession, imply that it is most likely owned by the person using it, and this person is the owner. From this position, ownership acts as an external characteristic of law.
The value of acquisitive prescription
Of course, in practice there are often situations when objects are used for their intended purpose, but by entities that do not have ownership rights to them. In such cases, there is a kind of “gap” between direct law and its socially recognizable characteristic, that is, ownership. Of course, this state of affairs cannot be called normal. The purpose of the institution of acquisitive prescription is to bridge this gap. An entity that is not the owner, but owns the object, may obtain ownership rights to it.
Duration of ownership
The statute of limitations established in the Civil Code legitimizes ownership in the eyes of others. A potential acquirer of ownership may attach ownership time. We are talking about situations when ownership was started by one subject, and continued by his successor.
Joining periods, however, is not an obligation, but a subject's right.
Limitation of actions
According to general rules, the beginning of the period of acquisitive prescription coincides with the moment of possession. But the law establishes an exception. In accordance with paragraph 4 of Art. 234 of the Civil Code, the course of the period in respect of objects that can be claimed from possession on the basis of Articles 301 and 304 of the Civil Code should begin no earlier than the expiration of the statutory periods for the relevant requirements. This rule also applies in cases where use began before 01/01/1995 and still continued at the time of the introduction of the first part of the Civil Code of the Russian Federation,
Continuity
The limitation period for a land plot, structure, other immovable or movable object shall not be interrupted. In other words, the subject needs to own property during the entire period established by law. If it arises, then ceases, then arises again, the “gap” between ownership and property does not appear.
Ownership of an object as one’s own
This is another important condition of acquisitive prescription.
This requirement is aimed, firstly, at the exclusion of the acquisition of objects by persons engaged in labor activities under the contract. In practice, situations are quite common when various kinds of actions in the course of personal or industrial use of things are performed by entities performing official (official) duties. Meanwhile, the objects they use are the property of the employer. Others do not believe that they are owned by employees and employees.
From the norms of the Civil Code it follows that entities that carry out actions with things in the framework of the performance of their labor duties do not own them as their own. Accordingly, they cannot become owners by virtue of prescription. On the contrary, in the case when a legal entity or a citizen instructs employees or employees to carry out any operations with things in the course of personal or industrial use, it is the employer who owns these items. Therefore, it is his possession that meets the requirements set forth in paragraph 1 of Art. 234 Civil Code.
The inclusion in the legislation of a regulation on the use of an object as a non-owner person allows the exclusion of ownership based on any right. So, they cannot own a thing as their custodians, tenants, entities engaged in operational management or economic management, etc.
Openness
As stated above, ownership is an external characteristic of ownership. This phenomenon is available for social recognition. Based on this, paragraph 1 of Art. 234 Civil Code secures the following rule. Only ownership of property that is recognized as open by others will result in ownership. This means that people should be able to see how the subject uses the thing. Concealment of ownership of a person will be considered a violation of the statutory requirement.
At the same time, the law does not oblige the subject to specifically inform others about his actions with the object.
Good faith
Unfortunately, this concept is not disclosed in the Civil Code. Meanwhile, the term “good faith” is used in many Codex standards. In Art. 234 of the Civil Code is not explained when ownership is considered fair, and when not. It should be noted that the norm refers to a legal entity or a citizen who does not own movable or immovable property. Of course, a subject who does not know and cannot know that he is not the owner is a conscientious user. But what if the person knows that he is the illegal owner of the object?
For an answer to this question, refer to paragraph 4 of Art. 234 Civil Code. As follows from its provisions, the person from whose possession the object can be claimed in accordance with 301 and 304 standards, in principle, can get it by virtue of the limitation of ownership.
The above norms regulate relations with a subject illegally owning someone else's property. This person is not excluded from the list of potential acquirers of law. Consequently, from the position enshrined in Art. 234, knowledge of the illegality of possession does not preclude his good faith. What does this mean? The fact that the subject who knows that he owns the object illegally for the application of Art. 234 Civil Code is recognized as fair.
Meanwhile, it is necessary to make an exception for situations where ownership becomes illegal due to the fact that it arose as a result of a violation of criminal law. If a person took possession of a thing in the course of committing a crime, then using it cannot be considered as good faith.
It should be noted that by virtue of paragraph 3 of Art. 10 of the Code, the integrity of the participants in the turnover is assumed (presumably). The norm refers to the behavior of subjects in general. Accordingly, established in Art. 10 CC presumption applies to all cases of mention of good faith in the law. Relationships related to prescription are no exception.
Specificity of calculation of terms
The basis for the emergence of ownership of the user is the fact that the expiration of the statute of limitations established in paragraph 1 of Art. 234 Civil Code. An exception, however, is for immovable objects and other property subject to mandatory state registration.
Ownership Protection
It is limited by law and applies to entities that are not owners of objects, as well as persons who do not have the right to own for other reasons established by law or contract.
The domestic procedural law contains several rules guaranteeing the protection of the interests of bona fide users who expect to acquire ownership of an object by prescription. The AIC established that the arbitration tribunal may consider cases of establishing the fact of use and possession of an individual entrepreneur and legal entity of a movable thing as its own. The Code of Civil Procedure stipulates that the courts hear cases on the establishment of the fact of use and ownership of real estate.
The specifics of litigation
A person who believes that he can acquire the right of ownership by the prescription of possession has the right to file a lawsuit in court. In this case, the former owner of the object will act as a defendant. If the previous legal owner of the property was not and could not be known to the plaintiff, he can send an application to establish the fact of continuous, bona fide and open ownership as his own for the period established by law.
The state registrar (employee of the registration chamber) may be an interested person in the case.
It must be said that the lack of information in the unified state register of property is not considered an obstacle to the recognition of ownership of a thing at the end of the period of acquisitive prescription.
The basis for state registration will be a court order to satisfy the claim against the previous owner or a statement establishing the fact of continuous, open, bona fide possession. It is worth saying that the legislation gives the right to former owners to go to court to challenge these acts or the fact of making a record of the property and its new copyright holder in the USRN.
Conclusion
To recognize the long-standing user of property rights, ownership of property should be actual, and the subject himself should not have any legal title (rental rights, operational management, etc.), confirmed by the contract.
The institution of acquisitive prescription is a very specific instrument for acquiring property rights. In practice, designing an object for people who have been using it for decades can be quite difficult. Firstly, you need to have documents confirming compliance with all requirements established by law. This may be the evidence of neighbors, relatives, paid bills for water, gas, electricity, etc., photographs of the object before and after repairs, etc. All these papers must be addressed to the court with a lawsuit. Its appearance will depend on the current situation. At the same time, it is important to comply with all deadlines provided for by law. Firstly, this is the statute of limitations for a vindication claim. He is three years old. This means that three years must pass from the beginning of the use of the object, and then another 15 (for real estate) or 5 (for movable things) years. Only after this can you go to court with a statement.
Many people believe that the deadlines set by law are unreasonably long. Experts explain that such time periods are set in order to protect the interests of the title owners of the property.It is unlikely that someone would not want to receive property for free just because they have been using it for some time. If you shorten the time, then the interests of the owners may suffer. For 15, even for 5 years, the circumstances of the owner may change, and property will no longer be necessary for him.