Acquisitive prescription

Ownership can be acquired in two main types: Transfer of ownership and original acquisition. One of the situations, in which the ownership of a property is acquired in original way, is acquisitive prescription. Acquisitive prescription can be seen for both movable and immovable property. The terms in the Turkish Civil Code about acquisition of ownership can be used for servitudes too.Acquisitive prescription can be separated in two parts as usual and unusual acquisitive prescription. The usual acquisitive prescription is different than the unusual one because of the necessary of the good will, which the possessor should have through the whole time of possession. However it is not possible to require such kind of conditions by the unusual acquisitive prescription. Because movable or immovable property can be acquired by acquisitive prescription if they only have already an owner; but this owner shouldn't be understandable by the other people. In those situations, there is either no mechanism, by which the possessor can realise who is the owner or the existing mechanism doesn't work. So the possessor knows that he is not owner but he can not find out who is the owner of the property. Another difference between usual and unusual acquisitive prescription for immovable property is the time of acquisitive prescription. By the usual acquisitive prescription possessor should be wait for ten years, by the unusual acquisitive prescription the time is twenty years. But for movable property there is no difference about the time, it is only five years by both usual and unusual acquisitive prescription.The using field of the terms of the Turkish Civil Code about the acquisitive prescription is not really wide anymore. As regards the unusual acquisitive prescription for immovable property, it depends on two factors. One of these factor is the almost finishing the works of the land survey and the other one is a decision of our Constitutional Court from the year of 2011, by which a great using field of the terms has been annulled.In our work we considered the terms of the Turkish Civil Code about acquisitive prescription under the light of Turkish law literature and jurisprudence. Keywords: Acquisitive Prescription, Statute of Limitations, Time for Loosing the Rights, Possession, Acquisition of Property by Find