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Serbian Civil Code, modeled based on the Austrian Civil Code (1811), regulates in a unique way the influence of the time on the acquisition and loss of the rights. The uniform regulation of the influence of time on the right dates back to the Roman concept of praescriptio. Based on the ancient Romans the term praescriptio means loss and creation of right, influenced by the time. The concept praescriptio extinctive means loss of rights due to non-exercising the right in a certain time period, while institute praescriptio aqcuisitive means acquisition of right. In the Serbian Civil Code, influence of time on the right is defined by the statute of limitation. Statute of limitation includes two legal concepts, i.e. statute of limitation in a strict sense, meaning loss of rights, and statute of limitation in terms of acquisition of rights, recognized in modern domestic law as adverse possession usucapio. The guiding idea for the creation of this work was to review the concept of adverse possession (concept, conditions for acquisition of right by adverse possession, types of adverse possession) according to the provisions of Serbian Civil Code.

The history of law has taught us that items are subject to human actual or legal power. Having actual power over the item means to be a holder. Actual power is a fact in the law. Actual power over the item is usually derived from the ownership on the item. However the social and historical circumstances were not always favorable to everybody. Through the history some were owners, land owners, holders of titles and wealth, while the others were only holders. They did not have the ownership, but had possession, used the items and took care of them like they were their own. The intent to harmonize actual and legal status always existed. The legal concept of positive prescription, acknowledged in the ancient Roman law, is an instrument by which this intention is enforced. It is enough to meet the criteria set by the legislator to transform the actual status into the legal one. One of the criteria is legal actual power. The subject matter of the analysis is primarily legal possession and its impact on acquiring ownership through positive prescription. The main idea is to explain, through the theory and several examples in practice, what is legal prescription, the relationship between legal and legal-ownership possession, the relationship between legal and real-deficient possession, to elaborate which legal transactions are suitable for acquiring ownership through positive prescription, and to explain the impact of deficiencies in legal transactions on acquiring ownership through positive prescription.

The legislative provisions governing the distribution of succession estate by mutual agreement are comprehensively regulated in the Austrian, German, French and Russian succession law. Whereas the legislators in these countries have provided a thorough and comprehensive normative framework on the issue of distribution of succession estate by mutual consent, the author's analysis of the Croatian and Bulgarian legislation on this issue indicates that the distribution of succession estate by mutual consent is formally prescribed but underdeveloped. The legislators in these countries have not tackled the specific issues concerning the parties in this legal relation, the forms of mutual agreement, the issue of partial distribution of property assets and the manner of putting the agreement into effect.