USUCAPIO AS A MEANS OF ACQUIRING REAL PROPERTY OWNERSHIP - A COMPARATIVE LEGAL OUTLINE BASED ON POLISH, ITALIAN, AND LITHUANIAN LAW
USUCAPIO AS A MEANS OF ACQUIRING REAL PROPERTY OWNERSHIP - A COMPARATIVE LEGAL OUTLINE BASED ON POLISH, ITALIAN, AND LITHUANIAN LAW

Summary/Abstract: Usucapio, also known as acquisitive prescription (or adverse possession in common law system), is a legal mechanism by which ownership of property may be acquired through continuous and uninterrupted possession over a legally prescribed period. This article presents a comparative legal analysis of acquisitive prescription in Poland, Italy, and Lithuania, focusing on the key similarities and differences in substantive regulations. The study examines the theoretical foundations of acquisitive prescription and its role within the respective legal systems. Particular attention is given to the criteria that must be met for acquisitive prescription to be effective, including good faith, the period of possession, and the legal consequences of acquiring ownership in each jurisdiction. Despite similarities rooted in the shared Roman law tradition, the findings reveal significant differences among these legal systems, demonstrating the influence of local legal policies on the interpretation and application of acquisitive prescription. The article contributes to the broader discussion on the harmonisation of property acquisition through acquisitive prescription in the European Union.

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