CIVIL LAW

Frequently asked questions

How long does acquisitive prescription take?

In order to become the owner of real property, one must possess it as an owner (i.e., use it as one’s own, dispose of it for oneself, pay taxes, manage it, etc.) for 30 years (if done in bad faith, i.e., knowing that the property does not belong to us) or 20 years (in good faith, when we have a justified belief that we are the rightful owner, which, however, is not correct). Acquisition of movable property takes a shorter time (3 years), but is only possible in good faith.

What can I claim if someone publicly insults or discredits me?

Such a situation constitutes a violation of personal rights – honor, good name, and reputation. One may primarily demand cessation of further violations, as well as remedying their effects – an apology. It is also possible to seek financial compensation or payment for social purposes.

Can I withdraw from a contract if the goods I purchased are defective?

A consumer (i.e., a person who is not an entrepreneur) purchasing goods is broadly protected under the so-called warranty. Under it, one may demand a price reduction, repair or replacement of the sold item, and in some situations, also withdraw from the contract and request a refund (in exchange for returning the purchased goods). Proper use of these rights may not always be simple, so it is worth consulting a lawyer.

Can a landlord change the locks if I stop paying rent?

Regular payment of rent is the tenant’s obligation, just as it is the landlord’s obligation to make the premises available. However, this does not mean that delays in rent payment automatically result in the possibility of eviction. Eviction is carried out by a bailiff (not the Police) and only on the basis of an enforcement title (a final court judgment or a notarial deed). Changing locks would constitute unlawful interference with possession, which would not be legal, and in such a situation the tenant is entitled to so-called possessory protection.