GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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22:55 May 21, 2003 |
Italian to English translations [PRO] Law/Patents | ||||
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| Selected response from: verbis Local time: 20:32 | |||
Grading comment
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Summary of answers provided | ||||
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5 +1 | prescription |
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4 +1 | prescription |
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4 +1 | prescription of titles |
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4 | usucapion |
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4 | usucaption/usucapion/prescription/ |
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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 |
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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 |
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prescription of titles Explanation: Eurodicautom or: acquisitive prescription |
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prescription Explanation: usucapione = Etimologia: Dal lat. usucapio¯ne(m), deriv. di usucapere; 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 |
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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 |
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