KudoZ home » Italian to English » Law/Patents

usucapione

English translation: usucaption/usucapion/prescription/

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:usucapione
English translation:usucaption/usucapion/prescription/
Entered by: verbis
Options:
- Contribute to this entry
- Include in personal glossary

22:55 May 21, 2003
Italian to English translations [PRO]
Law/Patents
Italian term or phrase: usucapione
legal letter
usucaption/usucapion/prescription/
Explanation:
USUCAPTION - The manner of acquiring property in things by the lapse of time required by law. Can be equated to adverse possession in many ways.

It differs from prescription, which has the same sense, and means, in addition, the manner of acquiring and losing, by the effect of time regulated by law, all sorts of rights and actions.
YOU FIND IT AS "USUCAPION" IN MANY UK TEXTS; MEANS THE SAMe


PRESCRIPTION The manner of acquiring property by a long, honest, and uninterrupted possession or use during the time required by law. The possession must have been possessio longa, continua, et pacifica, nec sit ligitima interruptio - long, continued, peaceable, and without lawful interruption.

The law presumes a grant before the time of legal memory when the party claiming by prescription, or those from whom he holds, have had adverse or uninterrupted possession of the property or rights claimed by prescription. This presumption may be a mere fiction, the commencement of the user being tor-tious; no prescription can, however, be sustained, which is not consistent with such a presumption.

Twenty years uninterrupted user of a way is prima facie evidence of a prescriptive right.

The Civil Code Louisiana defines a prescription to be a manner of acquiring property, or of discharging debts, by the effect of time, and under the conditions regulated by law.

The prescription which has the effect to liberate a creditor, is a mere bar which the debtor may oppose to the creditor, who has neglected to exercise his rights, or procured them to be acknowledged during the time prescribed by law. The debtor acquires this right without any act on his part, it resalts entirely from the negligence of the creditor. The prescription does not extinguish the debt, it merely places a bar in the hands of the debtor, which he may use or not at his choice against the creditor. The debtor may therefore abandon this defence, which has been acquired by mere lapse of time, either by paying the debt, or acknowledging it. If he pay it, he cannot recover back the money so paid, and if he acknowledge it, he may be constrained to pay it.


now it's up to you, depending on yhe content of your legal letter

ciao
Selected response from:

verbis
Local time: 03:58
Grading comment
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
5 +1prescription
Simon Charass
4 +1prescription
Lanna Castellano
4 +1prescription of titles
swisstell
4usucaption/usucapion/prescription/
verbis
4usucapion
writeaway


  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
prescription


Explanation:
the effect of the lapse of time in creating and extinguishing rights
- but without any context one doesn't know whether this means acquiring or losing the right

Lanna Castellano
Local time: 02:58
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1083

Peer comments on this answer (and responses from the answerer)
agree  Stéphanie Argentin
8 hrs
Login to enter a peer comment (or grade)

20 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
usucapion


Explanation:
. | | | | |. servitudes usufruct use & habitation inheritance obligations. ... | |
| | | |. usucapion donation legacy heir adrogation condemnation bankruptcy. ...
icg.harvard.edu/~med119/lectures/outd01.html - 101k

.. gratuitous purchase of the right of ownership or other real rights (usufruct, use, perpetual ... or by he who receives it gratuitously or due to usucapion of the ...
www.fortressinternational.com/ graphics/PDF/Italy'01.PDF

. Daube, David." Mistake of Law in Usucapion." Cambridge Law Journal ( 1958): 85 ... Daube, David." Usufruct and Servitudes." Law Quarterly Review ( 1955), 71:342-345 ...
sun3.lib.uci.edu/~scctr/hri/life/daube.html - 45k






    Reference: http://members.aol.com/hsauertieg/institutes/book2.htm
writeaway
Local time: 03:58
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 588
Login to enter a peer comment (or grade)

21 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
prescription of titles


Explanation:
Eurodicautom

or: acquisitive prescription

swisstell
Italy
Local time: 03:58
Native speaker of: German
PRO pts in pair: 1291

Peer comments on this answer (and responses from the answerer)
agree  xxxIno66
2 hrs
Login to enter a peer comment (or grade)

40 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
prescription


Explanation:
usucapione =
Etimologia: Dal lat. usucapio¯ne(m), deriv. di usucape�re; cfr. usucapire
s. f. (dir.) modo di acquisto della proprietà di un bene attraverso il suo possesso continuato, fondato sulla buona fede e su un titolo giuridicamente ritenuto idoneo.

s.f. (dir.) usucap(t)ion, prescription.
Garzanti Online

prescription =
Etymology: partly from Middle English prescripcion establishment of a claim, from Middle French prescription, from Late Latin praescription-, praescriptio, from Latin, act of writing at the beginning, order, limitation of subject matter, from praescribere; partly from Latin praescription-, praescriptio order
Date: 14th century
1 a : the establishment of a claim of title to something under common law usually by use and enjoyment for a period fixed by statute b : the right or title acquired under common law by such possession
2 : the process of making claim to something by long use and enjoyment
Merriam Webster Online


Simon Charass
Canada
Local time: 21:58
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
PRO pts in pair: 523

Peer comments on this answer (and responses from the answerer)
agree  Mario Marcolin
7 hrs
  -> Thanks.
Login to enter a peer comment (or grade)

8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
usucaption/usucapion/prescription/


Explanation:
USUCAPTION - The manner of acquiring property in things by the lapse of time required by law. Can be equated to adverse possession in many ways.

It differs from prescription, which has the same sense, and means, in addition, the manner of acquiring and losing, by the effect of time regulated by law, all sorts of rights and actions.
YOU FIND IT AS "USUCAPION" IN MANY UK TEXTS; MEANS THE SAMe


PRESCRIPTION The manner of acquiring property by a long, honest, and uninterrupted possession or use during the time required by law. The possession must have been possessio longa, continua, et pacifica, nec sit ligitima interruptio - long, continued, peaceable, and without lawful interruption.

The law presumes a grant before the time of legal memory when the party claiming by prescription, or those from whom he holds, have had adverse or uninterrupted possession of the property or rights claimed by prescription. This presumption may be a mere fiction, the commencement of the user being tor-tious; no prescription can, however, be sustained, which is not consistent with such a presumption.

Twenty years uninterrupted user of a way is prima facie evidence of a prescriptive right.

The Civil Code Louisiana defines a prescription to be a manner of acquiring property, or of discharging debts, by the effect of time, and under the conditions regulated by law.

The prescription which has the effect to liberate a creditor, is a mere bar which the debtor may oppose to the creditor, who has neglected to exercise his rights, or procured them to be acknowledged during the time prescribed by law. The debtor acquires this right without any act on his part, it resalts entirely from the negligence of the creditor. The prescription does not extinguish the debt, it merely places a bar in the hands of the debtor, which he may use or not at his choice against the creditor. The debtor may therefore abandon this defence, which has been acquired by mere lapse of time, either by paying the debt, or acknowledging it. If he pay it, he cannot recover back the money so paid, and if he acknowledge it, he may be constrained to pay it.


now it's up to you, depending on yhe content of your legal letter

ciao

verbis
Local time: 03:58
Native speaker of: Native in ItalianItalian
PRO pts in pair: 407
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search