Prescription Criteria in Terms of Reforming the Institution of Acquisitive Prescription Russia, England, Gong Kong and Australia

Abstract

The relevance of scientific researches of the provisions of the institute of acquisition prescription is primarily due to the planned reform of the Property law in Russia. At the same time, there is an indisputable high degree of elaboration of the legal nature of the acquisition prescription, its individual elements in both domestic and foreign doctrine of civil law. However comparative legal studies of the main elements of the institute of the acquisition prescription of unrelated legal systems have not been conducted to date. The author considers the most actual issues of determining the content of the prescription ownership criteria based on the subject of evidence in disputes over the acquisition of ownership of real estate in the order of acquisitive prescription in Russia, England, Hong Kong and Australia. In the present article, a study of the elements of the institution of acquisitive prescription in the continental and Anglo-American legal families is carried out on the basis of a comparative legal analysis of the already carried out English reform and the alleged changes in the real law of Russia, Hong Kong and Australia. Conclusions are formulated about the content of the prescription ownership criteria in the jurisdictions under consideration. In conclusion, the author formulates that the cancellation of the good faith criteria of the prescription ownership is not sufficiently thought out.