USUCAPION AND SUCCESSION: THE QUESTIONS OF THE THEORY AND PRACTICE

The paper deals with the disputable issues of applying usucapion to legal relations arising in connection with the succession in the possession of property. The author gives a critical assessment of the statements of scientists who qualify the usucapion possession not as an actual state, but as a subjective civil right, namely as a result of extending to ownership a legal succession according to the Part 2 of Art. 344 of the Civil Code of Ukraine. On the basis of an analysis of the Roman private law sources, there are refuted opinions on the attribution of usucapion possession to the number of subjective rights. It is stated that the necessary condition for the possession of a legal successor under Art. 344 of the Civil Code of Ukraine is being bona fide at the moment of acquisition of property.