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PROSCRIPTIO Definition & Legal Meaning

Definition & Citations:

Lat. In the civil law. That mode of acquisition whereby one becomes proprietor of a thing on the ground that he has for a long time possessed it as his own; prescription. Dig. 41, 3. It was anciently distinguished from “usueapio,” (q. v.,) but was blended with it by Justinian. Praescriptio est titulns ex usu et tempore substantiam capiens ab auctori- tate legis. Co. Litt. 113. Prescription is a title by authority of law, deriving its force from use and time. Praescriptio et executio non pertinent ad valorem contractus, sed ad tempus et modum actionis instituendae. Prescription and execution do not affect the va- ‘ lidity of the contract, but the time and manner of bringing an action. Pearsall v. Dwight. 2 Mass. 84, 3 Am. Dec. 35; Decouche v. Savetier, 3 Johns. Ch. (N. Y.) 100, 219, 8 Am. Dec. 478.


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