PRESCRIPTION

Question 1

What is prescription?

Answer 1

The creation and loss of rights over time

Question 2

what is gain and loss of prescription called in scots law?

Answer 2

positive and negative prescription

Question 3

what is the act called that regulates prescription in scots law called?

Answer 3

Prescription and Limitation scotland act 1973

Question 4

why do we have prescription?

Answer 4

so people can’t keep their rights for an infinite length of time

Question 5

what happens to a debt with negative prescription after time?

Answer 5

the debt is extinguished after 5 years from when it should have been paid

Question 6

subordinate real right of prescription

what are the rules of extinction?

Answer 6

well a subordinate real right like a servitude will be extinguished after a period of 20 years if it is not used.

Question 7

negative prescription- real right of ownership when does it end?

Answer 7

you can never extinguish a real right of ownership through prescription. e.g. if i leave a house for 30 years then it is still mine. however can be acquired by positive prescription if someone moves in.

corporal movables can also be lost via negative prescription after 20 years.

Question 8

positive prescription, what does it apply too and what are the requirements?

Answer 8

this applies to ownership in land mostly.

the two requirements are that they need to have been in possession for at least 10 years
and secondly that they have a registered disposition (basically paper saying that you own it but it is in reality false)