• English
  • Български
  • Русский

Acquisition, loss and protection of possession and possession.

Acquisition of possession
There are no explicit ways of acquiring possession in the law. The legal theory has identified several large groups of ways to acquire possession:
The first of these, with the most important practical situation, is the acquisition of possession through transactions - a typical derivative acquisition method. Precision requires clarifying that they are not actually transactions because there is no transfer of rights. It is a transfer of factual power, so it is appropriate to talk about quasi-money. The basis for such an understanding is given by Art. 82 AL, according to which the possessor may join in the possession of his possessor. The very term "offender" means that there is a translation of factual power. The norm is governed by the statute of limitation, but can be applied by analogy in each particular case. Unlike real estate transfer transactions, here is no way to talk about a form here. Form must be available only in the case of exceptions to goodwill, as well as the possession acquired on the basis of a preliminary contract.
The second group of ways is referred to as acquiring possession through unilateral actions or conquest. This somewhat resembles the acquisition of rights by primary means. This group has a relatively limited scope. It does not usually require a form or basis for acquiring possession. Roman lawyers have meant this acquisition with the expression "ruled because I command."
The third group of acquisition methods finds its basis in the provision of Art. 68, para. 1 BC - acquisition of possession through another person. In this hypothesis, the possessor realizes only the intention (the animus), the factual power is realized through another.
The fourth group of methods is defined as the so-called "Interversio posesionis" - growth in possession. This method only applies to some subjects - holders. We can talk about it when the holder adds to the factual power and the intention to keep the thing as its own. For example, the renter refuses to pay a rent.
Loss of possession
Loss of possession is an action that has the opposite of that of acquisition. It can be said that the methods of acquisition will also be valid in the case of loss, for example transfer of factual power, abandonment of the thing, loss of the animus, whereby the other person begins to hold the thing as its own or transform the possessor into a holder.
In order to lose possession, it is enough to drop off the animos. The loss itself, however, must be distinguished from the qualified loss, which interrupts the limitation period. It is not enough for him to lose the possession, but this loss should last for more than 6 months. Of course, the loss can also be attributed to the intervention of another person who takes possession of the thing, which in turn is a ground for ruler protection.
The hidden way of losing possession means that the lord is not known to take possession of possession. This is most often the case when the factual power is exercised by another person. Regardless of the sanctions envisaged against the offender who has taken possession of the property, he himself is also protected by the law if his possession lasted for more than 6 months and can be defended by a claim under Art. 75. The provision is imposed in order not to allow self-government - Art. 76 ЗС.
Protection of possession
Although it is factual, the law regulates in great detail the protection of the possession.
The reasons are at least two:
1. The broad meaning and use of government in civil law;
2. Do not allow self-government.
Vladislav's defense is regulated in substantive law - Art. 75, 76 of the Act and Art. 294-296 CPC as a special claim. The very fact that protection falls under the heading of special proceedings means that the legislator is paying special attention to the crop protection. What is special about it is that the claims for defense are always in the hands of the District Court, regardless of the value of the claim. If claims protect defamatory property, this action is brought before that district court in whose area the real estate is located.
The second feature of the defense is its speed. In these cases, the court only examines the fact of the possession and the fact of the offense. If, in the meanwhile, the possessor has filed a claim for property, he can not bring a rumors claim for protection while the property process is pending. This is because the court will rule with a res judicata ruling on property law, and this will largely prejudge the outcome of a possible pecuniary claim. When the estate is taken by violence or in a hidden way, the court may impose on the offender a fine of up to BGN 100. The decision on the transfer of the property is subject to prior enforcement.
The material protection covered by the CW includes 2 offspring claims:
The first claim is under Art. 75 ЗС:
1. Object of protection - this claim is protected
All fields are required. Please fill the verification code