Acquisition of title and easement by adverse possession under the provisions of the Serbian civil code

Abstract

Serbian Civil Code, modeled based on the Austrian Civil Code (1811), regulates in a unique way the influence of the time on the acquisition and loss of the rights. The uniform regulation of the influence of time on the right dates back to the Roman concept of praescriptio. Based on the ancient Romans the term praescriptio means loss and creation of right, influenced by the time. The concept praescriptio extinctive means loss of rights due to non-exercising the right in a certain time period, while institute praescriptio aqcuisitive means acquisition of right. In the Serbian Civil Code, influence of time on the right is defined by the statute of limitation. Statute of limitation includes two legal concepts, i.e. statute of limitation in a strict sense, meaning loss of rights, and statute of limitation in terms of acquisition of rights, recognized in modern domestic law as adverse possession usucapio. The guiding idea for the creation of this work was to review the concept of adverse possession (concept, conditions for acquisition of right by adverse possession, types of adverse possession) according to the provisions of Serbian Civil Code.

Keywords

• adverse possession
• quality of possession
• time periods
• legal effect