Rivalry between means of original acquisition of property rights
Keywords:
alternative application, derogation, original acquisition, specificatio, accessio, acquisitive prescriptio, Art. 17, para. 2 of the Obligations and Contracts Act, Art. 78, para. 1 of the Ownership ActAbstract
Provided there are juridical facts which can be brought under the hypothesis of several legal provisions regulating original acquisition, rivalry occurs between them. In that event there are two possibilities: alternative application (the general case) or derogation (the exception). This article presents them in brief and also examines some specific hypotheses of rivalry such as those between: specificatio and accessio; Art. 17, para. 2 of the Obligations and Contracts Act and Art. 78, para. 1 of the Ownership Act; Art. 79, paras 1 and 2 of the Ownership Act.
