Obtaining the title on the ownerless unfinished constructions on the basis of acquisitive prescription in Russia and the CIS
Purpose. The aim of the research is the study of appropriation as a way of acquiring the right of private ownership of objects of unfinished construction. Within the overall improvement of the civil legislation special attention should be paid to the improvement of standards of the Institute of acquisitive prescription and acquisition of the right of private ownership to ownerless immovable things. Research on the acquisition of property rights in order of acquisitive prescription were investigated by M. Hampton Carver, John S. White Jr., Randall Lesaffer and others. Design/methodology/approach. During the study we used the general scientific and individual scientific methods, including formal logical methods (analysis, synthesis, induction, deduction, the hypothesis). As special methods we applied historical, legal and technical, interdisciplinary, comparative legal system and other methods of scientific knowledge. Findings. As a result of research the author comes to the conclusion that the right of private ownership of objects of unfinished construction can be acquired through appropriation. The effect of the mechanism of acquisition of private property’s right by virtue of acquisitive prescription depends on recognition or non-recognition of these objects without owner. In addition, a compulsory element of the actual composition is the basis for the acquisition of private property rights in order of acquisitive prescription, a court decision. Research limitations/implications (if applicable). The findings of the study serve certain complement of modern Russia’s theory of property rights. Thus the theory is complemented by new knowledge about the elements and stages of the civil-legal mechanism of acquisition of private ownership’s right to the objects of unfinished construction through appropriation. This knowledge can be used in the scientific analysis of other grounds for and the ways of purchasing the right of private property, and be applied in the study of civil-legal regime of assets under construction. Practical implications (if applicable). Results of research can be used in the framework of the law-making for improvement of the norms of Russian Federation’s civil legislation and other CIS countries, as well as model legislation of the CIS countries. Certain provisions may be perceived in the judicial practices when cases are considered and resolved which are related to the acquisition of private ownership’s right of unfinished construction’s objects. Scientific proposals of the author may find application in the development of training curricula, manuals for teaching courses in «Civil law», «Law», «Land law». Social implications (if applicable). The very existence of unfinished construction objects has negative impact on the socio-economic development of any country with a developed market economy, as such objects cannot be used as intended ones, and they also require the cost of measures to their completion. Therefore, the issues are connected with the circulation of objects of unfinished construction and completion of their construction should be unequivocally resolved at the legislative level and in judicial practice. The findings in this study are designed to solve some of the problems in this area. Originality/value. The work contains original, creative author's solution of problematic issues identified in the research. This article is useful for practicing lawyers and persons who are engaged in the science of civil law.