Confirming the acquisition of the right of ownership by possession

Abstract

The acquisition of the right of ownership or the right in rem corresponding to an easement has a firm place in the system of civil law from a substantive point of view. However, under the former procedural law, the power to issue a declaratory judgement confirming the acquisition of the right of ownership by possession belonged to the notary. In practice, this non-public process has had a relatively high level of problems, mainly due to the non-public nature of the procedure and the low level of information of the subjects concerned. The amendment to the Civil Procedure Code, which entered into force on 05/01/2021, introduced into practice a new civil extra-judicial procedure – the procedure for confirmation of possession, in the framework of which the subject entitled to issue a declaratory judgement, is the court.