Acquisition and Loss of Ownership

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 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.