Придобивната давност върху държавни и общински имоти в практиката на ВКС след Решение №3/2022 на Конституционния съд
Acquisition of statute of limitations on state and municipal properties in the practice of the Supreme Court of Cassation after Decision No. 3/2022 of the Constitutional Court

Summary/Abstract: This article examines the case law of the Supreme Court of Cassation following Decision No. 3 of 24 February 2022 of the Constitutional Court, which declared the so-called moratorium on the acquisition of state and municipal property (private ownership) unconstitutional, as well as its retroactive extension effective from 31 December 2017. The study analyzes the SCC’s reasoning regarding the temporal effect of the Constitutional Court’s decision and assesses whether it aligns with the binding interpretations provided in Constitutional Court Decision No. 3 of 28 April 2020 (case No.5/2019), which allows retroactive (“ex tunc”) application in certain cases of unconstitutional legislation. It also discusses the specificities of acquisitive prescription in pending and ongoing proceedings, and argues that the limitation period should commence on 13 July 1991, rather than on 1 June 1996. The article maintains that § 2 of the Transitional Provisions of the 2006 Amendment to the Property Act is unconstitutional due to its retroactive deprivation of already acquired rights. A critical view is offered on the need for consistent constitutional oversight and uniform judicial practice.

• Details
• Contents