ТОЧКИ СОПРИКОСНОВЕНИЯ ВИНДИКАЦИИ И ПРИОБРЕТАТЕЛЬНОЙ ДАВНОСТИ НА ПРИМЕРЕ ГРАЖДАНСКОГО ДЕЛА № ՀԿԴ/0041/02/24 / OVERLAPPING POINTS OF REI VINDICATIO AND USUCAPIO: A CASE STUDY OF CIVIL CASE № ՀԿԴ/0041/02/24

As a result of legislative amendments in 2023 to the RA Law “On the Prosecutor's Office” the prosecution was granted the authority to file lawsuits to protect the interests of local self-government bodies. Over the past two years, numerous cases have been initiated challenging auctions organized by local self-government bodies, through which community property was sold to private individuals. Many of these disputed auctions took place 15–20 years ago, and in most cases, the original buyers had already transferred the property to third parties. Consequently, courts are examining chains of transactions related to the alienation of community property within the framework of claims contesting these transactions. Many courts consider these cases through the “lens” of the rei vindicatio, resulting in a dual legal characterization of the claim. Additionally, questions arise regarding the application of statutes of limitations. However, in light of the emerging judicial trend, an interesting issue concerns whether the original or subsequent buyers may acquire ownership rights through usucapio. By the time these cases are reviewed, the statutory period for acquisitive prescription - typically exceeding ten years - has often already elapsed. This raises the question of whether vindication of the property (especially in cases where the owner lost possession involuntarily) remains permissible after the ten-year period has expired and all other legal requirements for acquisitive prescription have been met by the defendant.