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Topic: Usucaption

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Property law

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2000s

	res mancipi and res nec mancipi and servitudes and prescription and usucaption and usufructus and usus and habitatio
		Usucaption (the Latin literally means 'taking by use'), then, is the means by which one obtains real property, servants and rustic servitudes in Italy when correct process to obtain them is wanting.
		"Usucaption of movable property, however, is completed within a year, that of lands and houses within two years; and this was provided by the Law of the Twelve Tables (2.42)." Or, in other words, the bonitarian right ripens into a quiritarian right after one or two years.
		When Justinian discusses uses of land, and the usucaption is a "taking by use," he does not make reference to usucaption, but has usufructus, usus and habitatio instead.
	www.willamette.edu /~blong/MoreWords/PropertyTermsIII.html (866 words)

	Gaius: Institutes: Part 2
		And although the party who obtained the land when vacant may be aware that it belongs to another, still, this does not in any way prejudice the right of usucaption of the possessor in good faith, as the opinion of those who held that land could be the subject of theft is no longer accepted.
		Usucaption was originally only applicable to corporeal property, but was afterwards extended by custom so as to include incorporeal hereditaments.
		Usucaption, as such, was recognized by the Common Law, and the doctrine of the Twelve Tables, that it only applied to corporeal objects, was accepted in all its rigidity.
	www.constitution.org /sps/sps01_2-2.htm (10994 words)

	The Laws Of The Twelve Tables (Site not responding. Last check: 2007-10-09)
		An alien cannot acquire the property of another by usucaption; but a Roman citizen, who is the lawful owner of the property, shall always have the right to demand it from him.
		Immovable property shall be acquired by usucaption after the lapse of two years; other property after the lapse of one year.
		If any persons are in possession of adjoining fields, and a dispute arises with reference to the boundaries of the same, the Prætor shall appoint three arbiters, who shall take cognizance of the case, and, after the boundaries have been established, he shall assign to each party that to which he is entitled.
	www.schola-tutorials.com /TwelveTables.htm (3043 words)

	CATHOLIC ENCYCLOPEDIA: Prescription
		A prescription is a method created by law for acquiring ownership or ridding oneself of certain burdens on the fulfilment of fixed conditions.
		It is, therefore, either acquisitive or liberating, the former being frequently termed usucaption.
		Prescription has its origin in enactments of the civil law which have been confirmed by the canon law and which so far as the principle underlying them is concerned are universally acknowledged to be perfectly valid in conscience.
	www.newadvent.org /cathen/12395b.htm (1029 words)

	On Assumed Abandonment of Ownership and Occupation Consequent Thereon (Site not responding. Last check: 2007-10-09)
		Why ownership by usucaption or by prescription properly so called does not occur between states or their rulers.
		Whether the civil statutes concerning ownership by usucaption and by prescription hind the one who holds sovereign power; explanation, with distinctions.
		Those rights of sovereignty which can he separated from it, or shared with others, are gained and lost by right of ownership based on usucaption or on prescription.
	www.lonang.com /exlibris/grotius/gro-204.htm (306 words)

	The Philosophy of Right - Volume 6 - Appendix 7 (Site not responding. Last check: 2007-10-09)
		The quantity of gifts is fixed, and cannot be increased by the lord or reduced by the subject, whatever the needs of civil society.
		It is therefore a patent and immense injustice that the Catholics of Ireland pay tithes to the Anglican Church.
		The Anglican Church cannot use possession or usucaption or prescription as a legal title for collecting tithes; Catholics do not need Anglican ministers, and do not acknowledge them as pastors.
	www.rosmini-in-english.org /PhilosRight/RightCivSociety/Appendix/Appndix_07.htm (439 words)

	Rights of the Individual - Book 2
		Prescription and usucaption, which positive law considers as titles or modes of acquisition, are examples of such proof.
		Connatural rights are not the sole category of rights over which prescription and usucaption are unable to prevail; acquired rights in the formation of which nature intervenes are also free of all prescription and usucaption.
		Nevertheless, the principal concept under which civil laws consider prescription and usucaption is always that of signs indicating where right exists between two parties.
	www.rosmini-in-english.org /PhilosRight/RightIndivid/Book_2/Bk_02Ch07.htm (3375 words)

	reader
		The ownership of individual articles of property is acquired by us by mancipation, by delivery, by surrender in court, by usucaption, by adjudication, and by law.
		Moreover, property is acquired by us by means of those persons whom we hold subject to our authority, in our hand, or in servitude; hence, if they have received anything, for instance, by sale, or any property has been delivered to them, or if they have stipulated for something, it belongs to us.
		For if I am the heir of him who has possession as a purchaser I possess the same property, but as burchaser and as heir; for while ownership can only be established by a single title, this is not the case with possession.
	www.helsinki.fi /~jvarkema/Gratianuksesta/reader.htm (10807 words)

	Legal Definition of Usucaption
		The 'Lectric Law Library's Lexicon On * Usucaption *
		USUCAPTION - The manner of acquiring property in things by the lapse of time required by law.
		Can be equated to adverse possession in many ways.
	www.lectlaw.com /def2/u070.htm (89 words)

	[No title]
		We believe, according to Gaius, 43, that this usucaption was extended to the case where a thing had been acquired from a person not the real proprietor; and that according to the time prescribed, it gave to the possessor the Roman proprietorship.
		As a general rule, it may be said that all things are res nec mancipi; the res mancipi are the exception to this principle.
		The praetors changed the system of property by allowing a person, who had a thing in bonis, the right to recover before the prescribed term of usucaption had conferred absolute proprietorship.
	www.ccel.org /g/gibbon/decline/volume2/nt440/140a.htm (1211 words)

	CATHOLIC ENCYCLOPEDIA: Prescription in Civil Jurisprudence
		This method of assurance of title was not open to foreigners (peregrini); nor could it be applied to provincial land (solum provinciale), for in such land Roman law recognized no right of ownership, but right of possession only.
		A purchaser in good faith and for full value from a thief would not, by usucaption, acquire ownership in the thing stolen, nor would ownership thus accrue to one who acquired possession, knowing that the thing really belonged to another (Leage, op.
		Nor could property be gained by usucapio or right of possession by prœscriptio, in a thing taken by violence (Girard, op.
	www.newadvent.org /cathen/12396x.htm (1074 words)

	[No title]
		Still the parties thus deprived may maintain a personal action against those, or their heirs, through whose neglect their right has been forfeited.
		It is an inquiry of importance whether the law of usucaption and prescription, if it prevail in a prince's dominions, can be applied to the tenure of the crown, and all its prerogatives.
		Many legal writers, who have treated of the nature of sovereign power according to the principles of the Roman civil law, seem to affirm that it may be so applied.
	www.constitution.org /gro/djbp_204.txt (2380 words)

	Texts for Comparison
		3.1 Title by usucaption to houses, cisterns, trenches, vaults, dovecotes, bath-houses, olive groves, irrigated fields, and slaves and anything that brings constant gain, is secured by occupation during three completed years; title by usucaption to unirrigated fields [is secured by occupation during] three years and they need not be completed.
		Judah said: They have prescribed a limit of three years only that if the owner was in Spain and another took possession during one year, they could make it known to the owner during the next year and he could return in the third year.
		A husband cannot secure title by usucaption against his wife, nor a wife against her husband, nor a father against his son, nor a son against his father.
	www.chass.utoronto.ca /~kloppen/comtexts.htm (9037 words)

	: : Prêmio Claudia : : (Site not responding. Last check: 2007-10-09)
		The 1991 IBGE (Brazilian Institute of Geography and Statistics) census showed that: 36.6% of the city's children and adolescents live in slums; 41.7% in families with an income of a minimum wage or less; 69.1% live in dwellings without sewage; and 27.4% have no adequate water supply.
		Between 1993 and 1998, CENDHEC directly benefitted 6,742 people by offering technical juridicial consultancy in proceedings of plot regularization, as well as in usucaption, ownership restoration, and ejectment processes.
		During the same period, the urbanization of the communities (school, health care and child care center renovations; urban plans; projects of basic sanitation; and construction of houses for families in areas of risk) benefitted 7,046 people directly and 22,578 (their relatives) indirectly.
	premioclaudia.abril.com.br /ingles/1998/garcia.html (1673 words)

	Grotius, The Rights of War and Peace (2005 ed.) vol. 2 Book II ToC: The Online Library of Liberty
		Why Usucaption or Prescription, properly so called, has nothing to do among different People, or their Sovereigns.
		Whether the Civil Laws of Usucaption and Prescription oblige him, who has the Sovereign Power; this explained with some Distinctions.
		Those Rights of Sovereignty that may be separated from it, or be communicated to others, are gained and lost by Usucaption or Prescription.
	oll.libertyfund.org /Home3/Set.php?recordID=1032.02 (7514 words)

	Haq Tasaraaf Qadeem - Usucaption (Urdu to English translation glossary) Law: Contract(s),Law/Patents
		The manner of acquiring property in things by the lapse of time required by law
		Usucaption (n.) The acquisition of the title or right to property by the uninterrupted possession of it for a certain term prescribed by law
		If a moderator is required, select one here.
	www.proz.com /kudoz/635478?&print=1 (233 words)

	Infinity Ranch
		Boomerang, by Tea in the Sahara (1996): To follow up on my Hungarian disc from last week, here is one of two German discs I own.
		This one suffers somewhat from the fact that English is not these guys' native tongue (you tell me what "usucaption" means, 'cause Merriam-Webster sure as hell can't), which is a shame because the vocals themselves are fairly strong.
		And the music is some of the best modern symphonic prog I've heard.
	infinityranch.blogspot.com /2005/04/album-of-day_25.html (120 words)

	Re: Arguments for and against the Single Tax
		In Britain, when a stolen car is discovered after a series of good faith transactions that built up a paper trail indicating title, the final holder frequently DOES have good title.
		Or if you want you can chase through the arguments that people like Grotius went through, and look up terms like "desuetude", "encroachment", "usucaption" and "prescription".
		It simply isn't true, in the sense it is trying to extrapolate!
	www.talkaboutinvestments.com /group/sci.econ/messages/204921.html (1938 words)

	THE CODE OF JUSTINIAN (Site not responding. Last check: 2007-10-09)
		WHERE A MINOR DEMANDS RESTITUTION BY WAY OF RELIEF AGAINST USUCAPTION.
		CONCERNING USUCAPTION EITHER IN FAVOR OF THE PURCHASER OR ACQUIRED BY VIRTUE OF THE TRANSACTION.
		CONCERNING USUCAPTION IN THE CASE OF A DOWRY.
	www.vitaphone.org /history/justinianc.html (8725 words)

	Rome - Vol II, Chapter XVII - Notes (Site not responding. Last check: 2007-10-09)
		Note: "This right, (the Jus Italicum,) which by most writers is referred with out foundation to the personal condition of the citizens, properly related to the city as a whole, and contained two parts.
		First, the Roman or quiritarian property in the soil, (commercium,) and its capability of mancipation, usucaption, and vindication; moreover, as an inseparable consequence of this, exemption from land-tax.
		Then, secondly, a free constitution in the Italian form, with Duumvirs, Quinquennales.
	www.cca.org /cm/rome/vol2/note17.html (9221 words)

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