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[kevin oleary]
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Simple English definitions for legal terms
praescriptio
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A quick definition of praescriptio:
Praescriptio is a term from Roman law that has two meanings. Firstly, it refers to a part of a legal document that explains what the document is about. Secondly, it is a defense used in a lawsuit over land ownership. This defense claims that the defendant has owned and used the land for a long time, and therefore should be allowed to keep it.
A more thorough explanation:
Definition: Praescriptio (pri-skrip-shee-oh) is a Latin term used in Roman law. It has two meanings:
- A preliminary part of a formula that defines the scope of action.
- A defensive plea in an action to recover land by which the defendant asserts ownership based on continuous possession for a prescribed time. This is also known as praescriptio longi temporis.
Examples:
- Example 1: In a legal case, the praescriptio would be the initial statement that outlines the purpose and scope of the case.
- Example 2: If someone has been living on a piece of land for a long time without any challenge from the owner, they can use praescriptio as a defense to assert their ownership of the land.
The examples illustrate how praescriptio can be used in different legal contexts. In the first example, it refers to a preliminary statement that sets the stage for the legal case. In the second example, it is used as a defense to protect someone's ownership of a piece of land.