extinctive prescription

law

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June 26, 2026

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In law, "prescription" refers to the effect of the passage of time in creating or destroying rights. It can be either acquisitive, allowing someone to gain title to property after a specified period, or extinctive, which bars certain court actions after a set time. The concept originated in the Roman Empire to address situations where land was possessed for extended periods without formal title.1

Extinctive prescription, also known as a statute of limitations, sets a time limit for bringing legal actions. Modern justifications for prescription include avoiding difficulties in proof due to the passage of time and inferring ownership from long-continued use. The term "extinct" itself, in an archaic sense, means to extinguish.12

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property law
Acquisition by adverse possession, prescription, and expropriation
…in the adverse possessor (extinctive prescription). Or one might say that the adverse possessor, or the one who has fulfilled the requirements for prescription, acquires the title of the one whose title is time-barred (acquisitive prescription, strictly speaking). Both Anglo-American and civil law generally take the more extreme position…
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…in the adverse possessor (extinctive prescription). Or one might say that the adverse possessor, or the one who has fulfilled the requirements for prescription, acquires the title of the one whose title is time-barred (acquisitive prescription, strictly speaking). Both Anglo-American and civil law generally take the more extreme position…
Read More