Case law and doctrinal basis of acquiring real estate ownership shares by prescription

Abstract

Our study is based on the rules of civil substantive law governing the prescription of real estate ownership shares. We examine this topic from the perspectives of case law and legal doctrine. The study discusses both the relevant Curia practices of the old and the new Civil Code, respectively, thus illustrating the development of law in the area and the changes in the interpretation of law regarding prescription. In addition, we present doctrinal arguments which support this practice, thereby justifying the changes in practice referred to.