Questions and Answers
What is the definition of prescription as per Article 1106?
By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law.
Who can acquire ownership and rights by prescription as stated in Article 1107? (Select all that apply)
Prescription runs against persons living abroad.
True
Prescription runs between husband and wife regardless of property separation agreements.
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Who can renounce the right of prescription according to Article 1112?
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What can be the subjects of prescription as per Article 1113? (Select all that apply)
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What defines possession according to Article 1118?
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Match the following types of interruptions with their definitions:
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Study Notes
Definition and Scope of Prescription
- Prescription: Acquisition of ownership and rights over time per legal conditions.
- Effects: Rights can be acquired or lost; the duration and method are legally defined.
Eligibility for Acquisition
- Article 1107: Anyone capable of acquiring property legally can do so via prescription, including minors and incapacitated individuals through representatives.
Prescription Applicability
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Article 1108: Prescription applies to:
- Minors and incapacitated individuals with legal representatives.
- Absentees with appointed administrators.
- Individuals overseas with managers.
- Juridical persons, excluding the State.
Exclusions from Prescription
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Article 1109:
- Does not run between spouses, parents and minors, or guardians and wards during guardianship.
Shared Benefits
- Article 1111: Co-owners benefit from any prescription acquired by one among them.
Renunciation of Prescription Rights
- Article 1112: Individuals can renounce obtained prescriptions but retain future rights to prescribe; tacit renunciation occurs through actions indicating abandonment.
Subjects of Prescription
- Article 1113: Only items within commerce can be subjected to prescription; non-patrimonial State property is exempt.
Creditors and Interests
- Article 1114: Creditors can invoke prescription rights irrespective of renunciation by debtors.
Types of Prescription
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Article 1117:
- Ordinary: Requires good faith possession with just title for the legally fixed time.
- Extraordinary: Implies longer time frames without specific conditions.
Possession Criteria
- Article 1118: Must be as an owner—public, peaceful, and uninterrupted.
- Article 1119: Possession through license or mere tolerance of the owner doesn't count.
Interruption of Possession
- Article 1120: Prescription may be interrupted both naturally and civilly.
Natural Interruption
- Article 1121: Occurs when possession halts over a year, with no revival of old possession after a resumption by a prior claimant.
- Article 1122: Periods less than a year before interruption still count toward prescription.
Civil Interruption
- Article 1123: Occurs with judicial summons; exemptions apply under certain conditions (Article 1124).
Recognition and Legal Consequences
- Article 1125: Recognizing the owner's right, whether express or tacit, interrupts possession.
- Article 1126: Ordinary prescription does not harm third-party rights against a recorded title in property registries.
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Description
Test your knowledge on the legal concept of prescription as defined in Article 1106 and 1107. This quiz covers the conditions for acquiring ownership and real rights through the lapse of time. Understand who can acquire these rights and the effect of prescription in civil law.
