On The Scope Of Application Of Acquisitive Prescription

The prescription system is one of the ancient and important legal systems of Civil Law, which include acquisitive prescription and extinctive prescription. For the influence of the prescription system of institution model in Russia, where the General Rules of Civil Law has only legislated extinctive prescription without acquisitive prescription. In the process of drawing up the drafts plan of Civil Code, the experts in Civil Law are beginning to discuss whether we should draw up acquisitive prescription in our country. With the development of our market economy and the legal system, scholars have recognized the significance of acquisitive prescription. Therefore, there are a few contents of acquisitive prescription in the drafts of Civil Code. But Real Right Law still has not legislated. While lots of problems about acquisitive prescription are worth further researching, so this article is going to discuss the scope of acquisitive prescription, which is a core in the acquisitive prescription system, in the view of providing some useful advices to our prescription system.This article is divided into five totally, managing three methods, respectively is:The first part of the article introduces the theory of acquisitive prescription, which includes the meaning of acquisitive prescription, the scope of acquisitive prescription, the history of acquisitive prescription, and so on.The second part of the article expounds ownership acquisitive prescription. This chapter thinks that the lost objects and the berried objects are applied to acquisitive prescription in the particular condition. As to estate ownership acquisitive prescription, we advise unregistered estate and registered estate should be applied to acquisitive prescription.The third part of the article discusses his real right. This chapter thinks that usufruct of immovable property can be applied to acquisitive prescription differently. Because of the essential elements of acquisitive prescription, mortgage power can't be applied to acquisitive prescription. While quality power is similar to acquisitive prescription, it can be applied to acquisitive prescription. Lien of real right guaranteed can be applied to acquisitive prescription, too.The fourth part of the article mainly analyzes other property acquisitive prescription. Because of incorporeal property right and precise real right are different from other properties, they shouldn't be applied to acquisitive prescription, excepting custom property. Premarital personal property is my innovation in this text, and I suggest premarital personal property can be applied to acquisitive prescription.The last part of the article emphasis the legal limitation of acquisitive prescription in our country. And then I put forward how to perfect the scope of acquisitive prescription. Certainly, these suggestions whether viable are worthy to analyze and research.