Judicial interpretations of the thirty year prescription rule in relation to contracts of acquisition

Abstract

The underlying aim of this research project was to analyse the various judicial interpretations given by the Law Courts. This research paper is divided into six chapters. It commences with an overview of acquisitive prescription, referring to judgements and jurists to show its strength and importance. Additionally its compatibility in relation to other law will also be analyzed, namely the Land Registration Act. It proceeds to define the first element of acquisitive prescription, being possession. It refers to article 524 et sequiter of the Civil Code as an introduction, whilst mentioning the objective and subjective theories pertaining to this area. Furthermore possession can be further subdivided into another two categories, being the corpus and the animus elements. It is noted that both elements must be proven for possession to be effective vis-à-vis acquisitive prescription. Should one of these elements be lacking, possession would be disrupted. The second chapter delves into the elements of acquisitive prescription mentioned in article 2107 of the Civil Code. These being that possession must be continuous, uninterrupted, unequivocal, peaceful and public. All these five requisites must be present for possession to be lawful. These requisites must run for a minimal period of thirty years for acquisitive prescription to be proven successfully. When all the aforementioned elements persist for the required period, possession is altered from a state of fact to a state of law, being ownership. It follows that by doing so acquisition occurs through an original title. The third chapter focuses on a wave of judgements which fully understand the strength of acquisitive prescription, to the extent that they would favour original titles over derivate titles. The fourth chapter tries to give a contrasting view to that given by its forerunning chapter, whilst also referring to the Land Registration Act. The fifth chapter than refers to foreign law and judgements on this matter so as to provide a broader interpretation on this subject. This is carried out by briefly analysing the situation in France and Louisiana, which both have a legal system similar to Maltese Law. Lastly this research project ends by trying to deliberate as to which title is preferred by our Courts. That is do they tend to favour original titles or derivative titles. Since acquisitive prescription continues to exist, judgements on the matter will continually be delivered. Hence the line of thought adopted by the courts may vary accordingly.