Prescription à la recherche du temps: In Search of Past Time (or Recognition of Things Past)
Forthcoming, Marie-France Bureau & Mathieu Devinat, eds, Les Livres du Code civil du Québec, (Sherbrooke; Éditions de la RDUS), 2012
53 Pages Posted: 21 Jun 2012
Date Written: June 20, 2012
My concern with prescription -- using articles of the Quebec Civil Code and supporting doctrine -- centres around a rather precise set of theoretical issues, with practical import, that focus on the rules of acquisitive prescription as they interoperate in the books on property and publicity on the Civil Code, and in particular how these rules might be understood and justified. I wish to canvas the relation of time, through the means of prescription, to property rights, by delving into the justifications for usucapion. This inquiry sheds light on the nature of property, possession and publicity. To some extent these justifications for usucapion track those traditionally advanced for possession, but at an important point – the change in ownership – the argumentative or persuasive force of the justifications changes; an overlap not always well acknowledged or understood in the literature. The point of divergence is, in my view, most enlightening.
Keywords: prescription, acquisitive prescription, extinctive prescription, possession, property, civil law, adverse possession
JEL Classification: K11
Suggested Citation: Suggested Citation