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Acquisitive prescription is an original mode of acquiring ownership regulated by the Bulgarian Property Act. It is based on the continuous and undisturbed exercise of factual control over a thing, combined with the intention to possess it as one\u2019s own. The main idea of this institute is linked to the need for legal certainty in civil turnover. If the owner remains inactive for a long period of time and does not exercise their rights, while another person continuously and openly possesses the property as their own, after the expiration of the statutory period the right of ownership is transferred to the possessor.<\/p>\n
According to Article 79 of the Property Act, acquisitive prescription may be ordinary or short. Ordinary prescription requires ten years of uninterrupted possession and applies regardless of whether the possessor is in good or bad faith. Short prescription requires five years of possession, but it presupposes both good faith and a valid legal ground which, however, has failed to produce legal effect in terms of transfer of ownership. Thus, for example, a person who has concluded a contract of sale that is void due to lack of form, but is a good faith acquirer and exercises possession over the property, may become an owner under the five-year prescription.<\/p>\n
For movable property acquisitive prescription is also provided. The general period is five years. If the property is acquired in good faith and on a valid legal ground, ownership is acquired at the moment of its delivery, unless the acquisition requires a notarized form, pursuant to Articles 78 and 80 of the Property Act. The owner of a stolen or lost movable may reclaim it from a good faith possessor within three years from the theft or loss.<\/p>\n
Possession as a factual state consists of two elements \u2013 objective and subjective. The objective element is the exercise of factual control over the property, while the subjective element is the intention to hold it as one\u2019s own. Possession must be continuous, peaceful and open. Ownership cannot be acquired by prescription through violence, secrecy or when the possession has been interrupted.<\/p>\n
The rules on suspension and interruption of prescription are of particular importance. Pursuant to Article 115 of the Obligations and Contracts Act, prescription does not run between certain categories of persons, for example between children and parents, between spouses, and between guardians and persons under guardianship. Interruption occurs when the possessor acknowledges the rights of the owner, when a claim is filed in court, or when enforcement actions are undertaken. In such cases, after the ground for interruption ceases, a new prescription period begins to run.<\/p>\n
The law also sets limits. Article 86 of the Property Act expressly provides that state and municipal property cannot be acquired by prescription. This rule protects the public interest and guarantees the inviolability of public property.<\/p>\n
In judicial practice many disputes arise regarding the distinction between possession and detention. A detentor is a person who exercises factual control but recognizes another person\u2019s right to ownership, such as a tenant or a borrower. In these cases there is no intention to possess as an owner and therefore acquisitive prescription does not apply. By contrast, the possessor openly denies the ownership of another and holds the property as their own. The Supreme Court of Cassation consistently emphasizes that proof of the animus domini, the will to possess as owner, is of essential significance for the successful reliance on acquisitive prescription.<\/p>\n
Acquisitive prescription has important significance for legal certainty and the stability of property relations. It encourages owners to exercise their rights in due time and at the same time provides a mechanism for settling long-term factual situations. The law thus recognizes the possessor as the rightful owner when the owner has remained inactive for a long period of time and society has accepted the possessor as the actual owner.<\/p>\n
In conclusion, acquisitive prescription is an institution that balances private and public interests. It sanctions the passivity of the owner and legitimizes the person who continuously and openly exercises ownership rights. In this sense acquisitive prescription is a key element of Bulgarian property law and a fundamental factor for ensuring stability in proprietary relations.<\/p>\n