Usucapio in era of real estate title registration systems
AbstractThe 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.
|Publication size in sheets||0.80|
|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.|
|Score correction||Score increased (at least one author (N) declares Humanities, Social sciences or Theological science)|
|Score||= 75.0, 19-02-2020, MonographChapterAuthor|
|Publication indicators||: 2018 = 0.000|
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