Instituţia uzucapiunii în aspect comparat (sistemul austriac, rus, românesc, francez şi italian)

Abstract

The relevance and importance of acquisitive prescription has gradually increased in the context of contemporary doctrine and judicial practice, deriving primarily from the insufficient domestic doctrinal treatment and lack of an uniform practice in what usucapio is concerned. The institution of acquisitive prescription was initially addressed in 2002, when the Civil Code was adopted. All legal systems accede to this institution, foreign ideologists have developed various works for deciphering legal norms, however, practice is still quite controversial, usucapio remaining an open and current issue. In this article, we analyze the specific of acquisitive prescription in the light of European countries' legislation, with a vaster experience in the field than Moldova.