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Usucapio : Prescription in Roman law

Publication at Faculty of Law |
2018

Abstract

Prescription is one of the traditional institutes of continental property law. Its roots lie in Roman law, where it was formed together with two fundamental institutes of property law - ownership and possession, which interconnects organically.

Although we commonly referred to prescription as a way of acquiring ownership, this aspect of its existence is more of a consequence than a cause. The purpose of prescription, as Gaius writes, is, in particular, to protect the honest possessor of a thing, as well as to provide legal certainty of property title.

It is in a way the necessity given the construction of ownership in civil law reflected by the difference between ownership, as a right to a thing, and possession, as a de facto power over a thing. The book is about the winding paths of prescription in Roman law as well as in Czechoslovak law of the 20th century and the Czech law of the 21st century.