Academic literature on the topic 'Acquisitive praescription'

In Paris the canonists strived at interpreting the canons on praescriptio in such a way that they concurred with Roman law. A clear and early example provides the summa Parisiensis, written in the late 1160s. Stephen of Tournai and other jurists followed its example modelling the praescriptio canonica after the longissimi temporis praescriptio in the Corpus iuris. In this line of thought praescriptio firstly denotes a defence of limitation. In Bologna, by requiring continuous good faith and a title, Rufin had modelled the praescriptio canonica after the Roman-law longi temporis praescriptio, which had both liberative and acquisitive effect. The author of Animal est substantia, the last major work of the Parisian school, seems to have aimed at harmonizing both interpretations, but the decretal Quoniam omne (4Conc. Lat. c.41; X 2.26.20) superseded his solution.

‘LONGI TEMPORIS PRAESCRIPTIO’ AS A DEMURRER IN THE MATTER OF LONG POSSESSIONSummary During centuries Praescriptio longi temporis has changed its meaning, requirements, application and nature, therefore, it seems to be adequate, to use it as a subject of the conference entitled “Law at the turn of the century”. This term derives from the Greek law. During the Pre-Classical Age it had its specific nature of an usual procedural privilege, granted on the basis of a long lack of action taken from the opposite party. Since the 1st century AD it had been used in Roman provinces and between peregrines. In Justinian’s era, after the combination with usucapio, it gained the acquiring nature. Praescriptio longi temporis, as a system operating according to the Greek conception, was, on the one hand, aimed at the ending of the insecurity of the relations resulting from the long-term provincial property possession, while on the other, it couldn’t lead to acquire their ownership due to the fact that they belonged to the Roman State. As the extinguishing limitation, it resembled the roman exceptio, after the defendant, and rei vindicatio, after the owner. It was set against the owner who revindicates, who would have left the provincial land unsecured for the period of 20 years, if the case had concerned subjects inhabiting different provinces (inter absentes) and for the period of 10 years, if the sides had inhabited the same province (inter praesentes). At the turn of the 3rd and 4th century AD it gained the acquiring effectiveness that convinced Justinian to conduct a fundamental reform by which virtue, from the combination of usucapio and longi temporis praescriptio, ordinary acquisitive prescription originated and extraordinary acquisitive prescription was introduced – longissimi temporis praescriptio.

Acquisitive prescription is one of those constructions of civil law that are supposed to stabilize socio-economic turnover as well as govern legal transactions. To comprehensively define the issue of the consequences of acquisitive prescription it is necessary to refer to the institution of praescriptio, a legal construction characteristic of classic Roman law which is increasingly more often found in national laws. Legal constructions that are of significant importance for the members of state communities are characterized by their universality. Universality is about specific features that can be found in classical Roman law, civil law and, frequently surprisingly, in international law.

The author analyses bona fides, or possession in good faith, as a prerequisite of the canonical praescriptio acquisitiva and the adverse possession as set forth in contemporary Croatian law in their interrelationship. The problem stems from the fact that the Treaty between the Holy See and the Republic of Croatia on legal matters, being an international treaty and thus having precedence over Croatian laws according to the Croatian constitution, in certain circumstances allows for a direct application of canon law within the Croatian legal system. The aim of this paper is to analyse whether this also applies to bona fides in adverse possession, and if so, in which way exactly. The canonical praescriptio in the context of the Roman legal tradition is analysed first in order to clarify certain terminological and conceptual discrepancies between canon law and Croatian law in this field. Bona fides regarding usucapio and praescriptio of Roman law and the Roman legal tradition is then particularly addressed. The central part of the paper deals with canonical bona fides, where it is specifically noted that it is a stricter standard in comparison to good faith as found in Croatian law. Canon law requires positive good faith throughout the whole required prescription period, meaning knowledge or a reasonable possibility of knowledge of having a right to possess, not infringing the right of another thereby. On the other hand, Croatian law requires knowledge or possibility of knowledge at the outset, while later on only acquired knowledge will render possession illicit. In addition, the Croatian standard of good faith is conceived more simply in comparison to the twofold canonical standard, i.e. only as the absence of knowledge or possibility of knowledge of not having a right to possess. Although both systems presume good faith, those differences may prove crucial if an interested party (owner of property being prescribed) offers evidence to the contrary. Finally, our analysis of the Treaty between the Holy See and the Republic of Croatia on legal matters revealed that the canonical standard of bona fides should be applied whenever a juridical person of the Catholic Church in Croatia acquires property by means of adverse possession, but by all accounts also when any other person acquires Church property in the same way.

The ‘accessio’ (accession) in the Terminology of Roman Private LawSummaryThe term accessio (accession) in the terminology of Roman private law did not only denote union and confusion of things. It was a very general term used for defining various cases of property acquisition through union, growth of property, and it determined addition of a new obligation to an old one or addition of a supplementary contract, person or object to the obligation.In the Roman Law literature the term accessio is predominantly used for union of two things in accordance with the principle accessio cedit principali, i.e. the increase falls to the share of the principal.Moreover, the term accessio also denoted adding the duration of ownership of an object by the predecessor (accessio possessionis) or simply adding the duration (accessio temporis). In the sources for the Roman Law accessio temporis and possessionis are used interchangeably for determining specific actual states, which resolve issues connected with accession of ownership duration of the predecessor to the ownership duration of the last owner. Similarly in lexicons, accessio temporis is presented as a synonym of accessio possessionis. The aforementioned accession of ownership duration [of the predecessor by his successor under specific title was permissible with interdict aimed at protection against infringement of ownership of movable objects (interdictum utrubi), with prescription (usucapio) and charge of long time ownership (longi temporis praescriptio).Furthermore, accession also meant accessio personae that is addition of a person, i.e. additional creditor who, beside the principal creditor, could collect repayment of debt from debtor (adstipulator), or a person who additionally, beside the principal debtor, pledged to the creditor to repay the debt (adpromissor), or it is addition of a new obligation to an old one by means of contract of guaranty (fideiussio). With accessio personae, similarly to union of things in accordance with the principle of accessio cedit principali, there had to be two things, one of them determined as principal and the other - additional. Obviously, here occur two obligations, one treated as principal, and the other as additional or accessory.Moreover, accession also means accessio rei, that is addition of new article of service to obligation, that the debtor could render alternatively with the previous, which was possible with alternative obligation (obligatio alternativa) and alternative authorization (facultas alternativa).

Time and its reflection in law Aim of this Master's degree thesis is to explain time as a quantity which influence human's life more than any other and that is one of the most relevant legal events which cause certain consequences in law. The aim of this work is to capture time as a quantity that influences human life more than any other, and that is one of the most legally relevant facts with which the law attaches certain legal consequences. The thesis is divided into nine chapters; the first four are devoted to philosophical and historical introduction to the concept of "time", while the remaining five are focused on the influence of time in the context of the current Civil Code. The first chapter follows the perception of time from the beginning of mankind, deriving primarily from the work of a major Romanian historian and philosopher of the last century - Mircea Eliade. The second chapter is dedicated to time as divisible quantity and describes the different ways to divide time through the day on a longer term units - years. The third chapter discusses the concept of time in ancient Rome from the perspective of the great scholars of his time - Isidore of Seville and Ambrosia Theodosius Macrobius. It describes not only the Roman division of time, but also the development of the Roman calendar...

Acquisitive prescription in Roman law and its reflection in modern private law codes Abstract Acquisitive prescription is a legal institute, which function is to reconcile state of fact with state of law. This institute served especially to acquire ownership for possessor of the thing by lapse of prescribed time, but it should also serve to acquire other laws, such as servitudes. This thesis focuses mainly on Roman law form of acquisitive prescription. In order to properly understand the concept it is essential to percept it in relation to a unique conception of Roman property law including all its specifics and differences from current view on ownership. First part of the thesis is dedicated to Roman ownership concept and its basic characteristics. Subsequent part describes the development through which the acquisitive prescription in Roman law proceeded during its existence. The thesis focuses on particular institutes such as usus auctoritas, usucapio, praescriptio longi temporis and praescriptio longissimi temporis. Firstly a form of acquisitive prescription in ancient and pre-classical era is investigated. The subject of interest here is the term of auctoritas. The next part of the thesis is focused on classical form of acquisitive prescription, where this type of acquisition was termed as usucapio. The...