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Publication date: 20.03.2024
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Each of us has a certain intuition when we realize "this is mine". And when this intuition turns into a legal fact, the acquisition of property rights occurs. Acquisitive law in Ukraine plays a critical role in regulating property and ownership relations. In this article, we will examine the dynamics of the development of acquisitive law in Ukraine, from its origins to modern perspectives.
Historically, Ukrainian acquisitive law was formed under the influence of various legal systems. The principles of acquisitive law found their initial embodiment in Roman law, particularly in the institute of property acquisition through inheritance and purchase. Later, during the times of Kievan Rus, the ideas of acquisitive law were reflected in customary law and statutes, which played an important role in regulating property and ownership relations.
Customary law emerged as a result of accumulated legal experience and reflected the rules and norms that developed in society based on its customs and traditions. It included principles of property acquisition based on recognized norms and practices. Various forms of property acquisition were reflected in customary law, including agreements, inheritance, appropriation, and others.
Statutes also played an important role in regulating acquisitive law. Statutes were legal acts that established rules of conduct and legal standards. For example, "Ruska Pravda" and the "Lithuanian Statute" contained provisions regarding property acquisition, including through inheritance, agreement, or other means. These statutes established rules governing relations between individuals and the acquisition of property rights to various types of assets. Some of these norms and principles are reflected in the present and continue to influence modern acquisitive law in Ukraine.
Currently, acquisitive law in Ukraine is regulated by the Civil Code of Ukraine, which defines the legal principles regarding the acquisition, alteration, and termination of property rights. However, due to the dynamics of society and the influence of changes in technology, acquisitive law is constantly evolving, adapting to new challenges.
One of the key changes in acquisitive law is the introduction of an electronic system for state registration of rights to real estate. This contributes to reducing bureaucratic procedures and expedites the process of acquiring property rights. Citizens can submit electronic applications and receive corresponding certificates without unnecessary delays.
There is also the concept of acquisitive prescription, which reflects an important aspect of acquisitive law. Acquisitive prescription for land, land plots, housing, or real estate allows citizens to acquire ownership of an object they have actually possessed and used for a certain period of time established by law. This mechanism of acquisition by prescription is important for protecting citizens' rights and creating legal stability.
The reform of land legislation in Ukraine has also created conditions for acquiring ownership of land plots by acquisitive prescription. This means that citizens who have occupied and used a land plot for a certain period of time without legal obstacles have the right to acquire ownership of it.
Acquisition statute of limitations, commonly referred to as acquisitive prescription, encompasses the legal timeframe within which an individual can acquire ownership of property through continuous possession. This aspect of acquisitive law, rooted in historical principles, is now governed by the Civil Code of Ukraine. Case law also plays a crucial role in interpreting and applying the acquisition statute of limitations.
The acquisition statute of limitations for various types of property, acquisition statute of limitations for housing, acquisition statute of limitations for an apartment, provides a legal framework for individuals to assert their rights over time. Case law has contributed to the development of principles guiding the acquisition of ownership by statute of limitations.
In summary, the acquisition of real estate ownership through the acquisition statute of limitations is a significant aspect of Ukrainian property law. As society and technology continue to evolve, it is essential for legal frameworks to adapt, ensuring fairness and efficiency in property acquisition processes.
