Usucapio in Roman and Contemporary Law

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.