Usucapio in Roman and Contemporary Law
Journal
Iustinianus Primus Law Review, Volume 10, Issue 2
Date Issued
2019
Author(s)
Rodna Zhivkovska
Tina Przheska
Abstract
This paper analyses usucapio as an original manner for acquiring ownership in Roman and
contemporary Macedonian law. The objective is to examine how usucapio has evolved from
roman to modern times, and whether it changed in nature and function. In the first section of the
paper the conditions for usucapio in Roman law are analyzed. Six such conditions are identified
and they are: things eligible to be owned by individuals, the possessor being a person who could
legally own tings, legal base for ownership – iustus titulus, bona fide of the possessor, possession
that is public, permanent and undisputed by the rightful owner and the expiration of the term for
usucapio. The second section examines the regulation pertaining to usucapio in Macedonian
contemporary law. Subject of analysis are the legal requirements for usucapio set forth by the
general law - the Law of Ownership and Other Real Rights, both for regular and exceptional
usucapio. The paper classifies the legal requirement for usucapio in Macedonian contemporary
law into three groups: 1. Basic legal requirement - bona fide on part of the possessor; 2.
Additional legal requirements: iustus titulus, possession and expiration of the prescribed terms
for usucapio and 3. Implicit legal requirements: eligibility of the object for usucapio and the
capacity of the person for acquiring right of ownership. Each legal requirement is analyzed
separately from the scope of its significance and interpretation in contemporary law and in
comparison to Roman law.
contemporary Macedonian law. The objective is to examine how usucapio has evolved from
roman to modern times, and whether it changed in nature and function. In the first section of the
paper the conditions for usucapio in Roman law are analyzed. Six such conditions are identified
and they are: things eligible to be owned by individuals, the possessor being a person who could
legally own tings, legal base for ownership – iustus titulus, bona fide of the possessor, possession
that is public, permanent and undisputed by the rightful owner and the expiration of the term for
usucapio. The second section examines the regulation pertaining to usucapio in Macedonian
contemporary law. Subject of analysis are the legal requirements for usucapio set forth by the
general law - the Law of Ownership and Other Real Rights, both for regular and exceptional
usucapio. The paper classifies the legal requirement for usucapio in Macedonian contemporary
law into three groups: 1. Basic legal requirement - bona fide on part of the possessor; 2.
Additional legal requirements: iustus titulus, possession and expiration of the prescribed terms
for usucapio and 3. Implicit legal requirements: eligibility of the object for usucapio and the
capacity of the person for acquiring right of ownership. Each legal requirement is analyzed
separately from the scope of its significance and interpretation in contemporary law and in
comparison to Roman law.
Subjects
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