Prescription in Europe
Definition of Prescription
The vesting of a right by reason of lapse of time. Negative prescription is the divesting of a right by the same process. In Roman law the pracscriptio was a clause placed at the head of the formula or pleadings (prcr, before, and scribrrc, to write). Prcrscriptio was also a variety of usucajrio, i. e., a mode of acquiring property by undisturbed possession for a certain length of time.
At common law, a title by prescription was acquired by the enjoyment of a right from time immemorial, or time out of mind. The Prescription Act, 1832, enacts that in the case of rights of common and other profits a prcndrc, the period of enjoyment as of right required to establish the claim is thirty years, subject to an extension in case the person against whom it is claimed was under disability during part of that period ; but enjoyment for sixty years establishes an absolute right. In the case of rights of way and watercourses, the terms are respectively twenty and forty years. In the case of lights, enjoyment for twenty years gives an absolute right. Where a person claiming a right by prescription proves that it has been enjoyed by him and his predecessors in title in virtue of certain lands, he is said to prescribe in a que estate
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Prescription in other legal encyclopedias
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| Prescription | Prescription in the International Legal Encyclopedia. |
| Prescription | Prescription in the American Legal Encyclopedia. |
| Prescription | Prescription in the Asian Legal Encyclopedia. |
| Prescription | Prescription in the UK Legal Encyclopedia. |
| Prescription | Prescription in the Australian Legal Encyclopedia. |
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| Prescription | Prescription in the Family Law Portal of the European Encyclopedia of Law. |
| Prescription | Prescription in the IP Portal of the European Encyclopedia of Law. |
| Prescription | Prescription in the Commercial Law Portal of the European Encyclopedia of Law. |
| Prescription | Prescription in the Criminal Law Portal of the European Encyclopedia of Law. |
| Prescription | Prescription in the Family Law Portal of the European Encyclopedia of Law. |
| Prescription | Prescription in the Civil Law Portal of the European Encyclopedia of Law. |
| Prescription | Prescription in the Constitutional Law Portal of the European Encyclopedia of Law. |
| Prescription | Prescription in the Taxation Law Portal of the European Encyclopedia of Law. |
| Prescription | Prescription in the Banking and Finance Law Portal of the European Encyclopedia of Law. |
| Prescription | Prescription in the Employment and Labour Portal of the European Encyclopedia of Law. |
| Prescription | Prescription in the Injury and Tort Law Portal of the European Encyclopedia of Law. |
| Prescription | Prescription in the Environmental Law Portal of the European Encyclopedia of Law. |
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Definition of Prescription is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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Prescription (in European Private Law)
In this context, this may be a concept of the term: “Prescription”, in relation to the right to performance of an obligation, is the legal effect whereby the lapse of a prescribed period of time entitles the debtor to refuse performance.
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See Also
- Private Law