The article considered such requisites of acquisitive prescription as bona fide possessionand possession of a thing as one’s own. The author reveals problems of their applicationexisting in practice; analyzes the ways of possible changing article 234 of the CivilСode of the Russian Federation, including a proposal to remove bona fide possessionfrom necessary requisites of acquisitive prescription. The author comes to the conclusion that requisites of acquisitive prescription depend on its goals as a basis for acquisitionof property rights: as a mode to fill in the missing basis for the acquisition of this right, oras a mode to replace the owner who has actually removed himself from the possessionof the thing. In some cases, the law enforcement practice demonstrates the need for abroader understanding and application of the acquisitive prescription as the basis for theacquisition of property rights. This justifies the possibility of a differentiated approach tothe presentation and interpretation of the requisites of the acquisitive prescription, butnot their exception from the norms of the Civil Code of the Russian Federation.
For citation: Podmarkova A.S. (2021) Acquisitive Prescription Requisites and the Need of their Reform. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 109–138 (in Russian) DOI: 10.17323/2072-8166.2021.2.109.138