The ten-year acquisitive prescription

Abstract

Art. 2219 of the Napoleonic Code defines prescription as “a prescrizione è un mezzo con cui, col decorso del tempo e sotto condizioni determinate, taluno acquista un diritto od è liberato da una obbligazione” . This definition, like that of the Codes modelled on the French Code ( cf. art. 2212 of our Code, which, however separates the definition into two subsections arid which treats possession under a separate title), foreshadows the method which these Codes use in treating the institute of prescription, viz, that of dealing with acquisitive and extinctive prescription under one Title with some provisions applying to both kinds of prescription and others applying to only one kind. This method has been strongly criticized by text writers, and rightly so, for there are radical differences between two kinds of prescription, though there are also some points of contact. As the situation is under our law, while it is agreed that not all the provisions of the title apply equally to both kinds of prescription, it is hotly disputed which provisions are particular to the kind of prescription.