Acquisitive Prescription Flashcards
Explain acquisitive Prescription
–> other ways to acquire ownership
- builting shit that shy and ACQUIRING IT AFTER A CERTAIN AMOUNT OF TIME HELL YEAH
How does acquisitive prescription solve failed transfers
–> possesor eventually becomes owner
–> eventhough transfer failed
Explain the differences in acquisitive prescription in civil law vs. common law
a. Civil law: acquisition of ownership on the basis of continuous posession
b. Common law: adverse possession
-extinguishes right to reclaim possession
-possessor has the best right
What are the general requirements of acquisitive prescription?
1-Physical control: proprietary possession in the sense of intention–> do you have the intention to acquire the property
- Knowledge
i. Good faith: you did not know and you could not be expected to know that you are taking possession of somebody else’s land
ii. Bad faith: You know that you are taking posession of somebody else’s land
iii. Not in good faith: You did not know that you are taking possesion of someone else land
-but could have inquired more about the land
Where can one find the article on Acquiisitive prescription in the DCFR
- Art VIII-4:101
List the rationales for acquisitive prescription
-Lost proof
-Failed transfers
-Theft of movables
Explain the rationale of ‘lost proof’ as a justification for acquisitive prescription
- Created legal certainty even in events where deeds have been lost to prove ownership of land
Explain the rationale of theft of movables as a justification for acquisitive prescription
-reliance interest
-if you wear a ring for 20 years and its owner has done nothing to retrieve it
-should be able to rely on the owner’s inaction, which shows that no one is going to challenge your title
Explain the title system of land-registration
-right of ownership itself is registered, as opposed to the sale of the land
Explain an advantage of the title system
- High level of security
-overall status quo of the rights on land
Explain what the deed system is
-Notarial deed is registerd
- documentation of that singular transaction itself
Explain a disadvantage of the title system
- complex and elaborate, requiring skilled personnel and high initial costs
Explain the positive (title) system
- He who is registered is owner
Explain the Negative (deed) system
-Notarial deed is registered–> documentation of isolated transaction–> chain of transactions
Explain the difference between a positive
