Usucapio in era of real estate title registration systems

Beata Kowalczyk

Abstract

The doctrine of usucaption (Latin usucapio) has had long history in Roman Law and was inherited by numerous legal systems of today. However, it is currently less relevant to the security of legal transactions because this function has largely been taken over by real estate registration systems. This manifestation of legal instrumentalism is aimed at protecting a significant social value – the credibility of a legal title to land. This article explores legal aspects of functioning of usucaption in modern systems of land registration. It includes a case study of three countries (Poland, Germany, England). The system of title registration is modelled both by positive and negative model and moreover by English, German-Swiss and Torrens model. Different solutions are intended to ensure legal certainty and credibility but in the same time they completely make usucaption of real estate impossible. Consequently, modernized provisions may lead to the loss by usucaption its binding power and it causes the risk of desuetudo.
Author Beata Kowalczyk (FLA/ZPRz)
Beata Kowalczyk,,
- Zakład Prawa Rzymskiego
Pages237-253
Publication size in sheets0.80
Book Gałędek Michał, Klimaszewska Anna (eds.): Modernisation, national identity and legal instrumentalism: studies in comparative legal history, vol. 1, Private law, Legal History Library, no. 35, 2020, Brill, ISBN 978-90-04-39528-2, [978-90-04-41727-4], 353 p.
ASJC Classification3308 Law; 3320 Political Science and International Relations
DOIDOI:10.1163/9789004417274_011
Languageen angielski
Score (nominal)75
Score correctionScore increased (at least one author (N) declares Humanities, Social sciences or Theological science)
Score sourcepublisherList
ScoreMinisterial score = 75.0, 19-02-2020, MonographChapterAuthor
Publication indicators Scopus SNIP (Source Normalised Impact per Paper): 2018 = 0.000
Citation count*
Cite
busy
Share Share

Get link to the record


* presented citation count is obtained through Internet information analysis and it is close to the number calculated by the Publish or Perish system.
Back
Confirmation
Are you sure?