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  

David Lametti

McGill University - Faculty of Law

Date Written: June 20, 2012

Abstract

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

Lametti, David, Prescription à la recherche du temps: In Search of Past Time (or Recognition of Things Past) (June 20, 2012). Forthcoming, Marie-France Bureau & Mathieu Devinat, eds, Les Livres du Code civil du Québec, (Sherbrooke; Éditions de la RDUS), 2012 . Available at SSRN: https://ssrn.com/abstract=2088104

David Lametti (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

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