Legal Encyclopedia. Letter B

orphan THING

- A thing which has no owner or the owner is unknown or thing, the right of ownership to which the owner refused.

For some categories of BV from which to bstvennik refused (discarded things, treasure, discovery, neglect (stray) animals and other neglected pets), there is a special legal regulation.

As a general rule, the ownership of ownerless movable things can be purchased including by prescription. Provides for the procedure and terms for the acquisition of the ownership of such property. For example, a person in the ownership, possession or use of which is land, water, or other object, which is an abandoned thing, the cost of which is clearly less than the amount corresponding to 5 times the minimum wage or discarded scrap metal, defective

products snag on the alloy, blades and sinks formed by the extraction of mineral resources, production wastes and other wastes, has the right to convert them to their property, and came to their use or take other actions testifying to handle things in the property.

A person who has detained neglected animals or stray cattle or other neglected domestic animals shall be obliged to return them to the owner, if he or his whereabouts are unknown, - not later than three days after the arrest announced the discovery of animals to the police or local authority to take measures to find the owner. At the time of tracing the animals remain on the content and use of the detained person or transferred to another person who has the right conditions for this.

The person who found the animals, is responsible for their proper maintenance, and the presence of guilt - for the death of or damage to the value. This person becomes entitled to reimbursement for the keeping of animals, and if the owner is not found, the ownership of them. time

acquisitive prescription in this case - six months from the date of application for detention.

Orphan immovable property shall be registered body carrying out state registration of rights to real property at the request of the local government in whose territory they are located. One year from the date of registration of the body authorized to manage municipal property, may apply to the court for recognition of the municipal ownership of these things.

Ownerless immovable thing may be readmitted into the possession, use and disposal of the owner or leave it acquired the ownership by prescription provided that it is not recognized by the court of the municipal property.