Prescription
idea · 3 works · 4 mentions · 9 anchored passages
prescription · Limitation · praescriptio · right of prescription · the Prescription Act
in the texts
The Freedom of the Seas (Mare Liberum)
The legal doctrine of prescription (acquiring a right through long possession), central to the Portuguese defense and repeatedly refuted as applicable to the sea and trade.
Further, even if mere lapse of time, as some think, could establish a right by prescription over public property, still the conditions absolutely indispensable for the creation of such a right are in this case absent.
It is therefore true, as expressed also in the laws of Spain, that prescription based on no matter how immemorial a time, sets up no title to those things which are recognized as common to the use of mankind.
We have shown that according to Vasquez, neither prescription nor custom had any force as between free nations or the rulers of different peoples, or any force against those principles which were introduced by primitive law.
Institutes of Roman Law
The doctrine by which a creditor's right to sue is eventually forfeited through negligence, distinguished from but related to Mora.
The date of Mora must not be identified with that of the Nativity of an action (actio nata), an important date, as we shall see, in the doctrine of Limitation or Prescription of which it is the starting-point, a starting-point that may be antecedent to Mora Mora generally cannot precede an interpellation or demand of payment:
The Law of Torts
The legal doctrine by which long, uninterrupted enjoyment of a right (such as light) confers a legal title to it.
The right to light, to begin with, is not a natural right incident to the ownership of windows, but an easement to which title must be shown by grant, express or implied, or by prescription at common law, or under the Prescription Act.