Usucaption

Usucaption

Usucaption (Latin "usucapio") is a concept found in civil law systems and has its origin in the Roman law of property.

Put simply, usucaption is a method by which ownership of property can be gained by lapse of time (acquiescence). While usucaption has been compared with adverse possession (i.e. squatting), the true effect of usucaption is to remedy defects in title.

The necessity for usucaption arose in Roman law with the divide between "res mancipi" and "res nec mancipi". "Res mancipi" required elaborate and inconvenient methods to transfer property title (a formal mancipatio ceremony, or in iure cessio). "Res nec manicipi" could be transferred by traditio (delivery) or in iure cessio.

If "res mancipi" were transferred by traditio, full ownership would not pass and the recipient would become a bonitary owner. However, if the bonitary owner kept the "res" in his possession for a certain amount of time (two years for land, one year for chattels) his title would become full title and he could assert himself as dominus.


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  • Usucaption — U su*cap tion (?; 277), n. [L. usucapere, usucaptum, to acquire by long use; usu (ablative of usus use) + capere to take: cf. usucapio usucaption.] (Roman Law) The acquisition of the title or right to property by the uninterrupted possession of… …   The Collaborative International Dictionary of English

  • usucaption — acquisition of ownership by uninterrupted possession. Collins dictionary of law. W. J. Stewart. 2001 …   Law dictionary

  • usucaption — noun The acquisition of right or title to an object by means of the passage of time. Syn: prescription …   Wiktionary

  • usucaption — [ˌju:zjʊ kapʃ(ə)n] (also usucapion ˌju:zjʊ keɪpɪən) noun Roman Law, chiefly historical the acquisition of a title or right to property by uninterrupted and undisputed possession for a prescribed term. Origin C17: from med. L. usucaptio(n ), from… …   English new terms dictionary

  • usucaption — usu·cap·tion …   English syllables

  • usucaption — n. (also usucapion) (in Roman and Scots law) the acquisition of a title or right to property by uninterrupted and undisputed possession for a prescribed term. Etymology: OF usucap(t)ion or L usucap(t)io f. usucapere acquire by prescription f. usu …   Useful english dictionary

  • prescription — Usucaption U su*cap tion (?; 277), n. [L. usucapere, usucaptum, to acquire by long use; usu (ablative of usus use) + capere to take: cf. usucapio usucaption.] (Roman Law) The acquisition of the title or right to property by the uninterrupted… …   The Collaborative International Dictionary of English

  • Vrilissia — Infobox Greek Dimos name = Vrilissia (Βριλήσσια) name local = periph = Attica prefec = Athens population = 25.582 population as of = 2001 pop dens = 6.634 area = 3.856 elevation = 250 lat deg = 38 lat min = 2 lat hem = N lon deg = 23 lon min = 50 …   Wikipedia

  • Prescription in Civil Jurisprudence — • Prescription in some form and under some name is said to have existed as a part of the municipal law of every civilized nation, except the Jewish . . . Catholic Encyclopedia. Kevin Knight. 2006. Prescription in Civil Jurisprudence      …   Catholic encyclopedia

  • Roman Law —     Roman Law     † Catholic Encyclopedia ► Roman Law     In the following article this subject is briefly treated under the two heads of; I. Principles; II. History. Of these two divisions, I is subdivided into: A. Persons; B. Things; C. Actions …   Catholic encyclopedia

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