What is the effect of a donation of property for which the statute of limitations has expired?
What is the effect of a donation of property for which the statute of limitations has expired?
It is inadmissible for the owner of the property to reacquire it on another basis. A donation is a gratuitous one-sided contract under which the donor immediately and gratuitously gives up something, and the donee accepts it. The contract is concluded on the basis of the matching declarations of will of the donor and the donee in notarial form, when the subject of the contract is real estate privately owned. Possession as an element of the factual composition of the acquisitive basis is a factual state, a factual exercise of the content of a subjective real right without the owner being its bearer, with which factual state, which lasted for a certain period of time, the Civil Code connects the possibility of acquiring the subjective right itself.
No matter how long the possession lasted, it does not lead to the acquisition of the right of ownership until the owner invokes the acquisitive statute of limitations. However, for the reference to be effective, possession should not have been interrupted, nor should the possessor have waived the expired acquisitive prescription. As far as the right in rem is not considered acquired until the moment of reference, although in case of reference it is respected from the moment of expiration of the limitation period, the waiver of the acquisition limitation does not constitute a waiver of the right in rem and the order under Art. 100 ZS. The waiver of an expired acquisitive statute of limitations is carried out with conclusive actions, as the owner does not invoke the acquisitive statute of limitations in a claim for ownership brought against him until the decision to honor this claim enters into force, or by concluding with the person after the expiration of the statute of limitations, which is legitimized as the owner of the property, a contract for the acquisition of his rights. The above does not apply if the owner concludes a contract with the person legitimizing himself as the owner before the expiration of the limitation period, since in this case there is still no reason to invoke the limitation period and the expressed will to acquire on a derivative basis cannot be considered as a waiver of Expired.
The acquisition of property on the basis of a donation after the expiration of the statute of limitations constitutes a conclusive action by which the owner waives the expired acquisition statute of limitations, but the acquisition of property on the basis of a donation before the expiration of the statute of limitations does not disprove the existence of a prior intention to appropriate the same this property, and if the donation did not produce a material transfer effect, the owner may, upon expiration of the statute of limitations, invoke the consequences of the acquisitive statute of limitations.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg