Prescriptive - Law Dictionary Search Results

Home Dictionary Name: prescriptive

Prescription

Prescription [fr. pr'scribo, Lat.], title produced and authorised by long usage. It is known in the Roman Law as usucapio.Title by prescription arises from a long-continued and uninterrupted possession of property, and is thus defined by Sir Edward Coke (Co. Litt. 113 b), Pr'scriptio est titulus ex usu et tempore substantiam capiens ab authoritatelegis. (Prescription is a title taking his substance of use and time allowed by the law.)Every species of prescription, by which property is acquired or lost, is founded on the presumption that he who has had a quiet and uninterrupted possession of anything for a long period of years is supposed to have a just right, without which he would not have been suffered to continue in the enjoyment of it. For a long possession may be considered as a better title than can commonly be produced, as it supposes an acquiescence in all other claimants; and that acquiescence also supposes some reason for which the claim was foreborne, 1 Cruise's Dig., tit. X...

prescription

prescription [partly from Middle French prescription establishment of a claim, from Late Latin praescription- praescriptio, from Latin, act of writing at the beginning, order, from praescribere to write at the beginning, dictate, order; partly from Latin praescription- praescriptio order] 1 : acquisition of an interest (as an easement) in real property that is usually less than a fee by long-term, continuous, open, and hostile use and possession as determined by the law of a jurisdiction [gained title by ] see also easement by prescription at easement compare adverse possession at possession 2 in the civil law of Louisiana a : the running of a period of time set by law after which a right is unenforceable in Louisiana courts but may be enforced in another state forum [an interruption of ] [by the of ten years] ;also : the bar to an action that results from prescription see also peremptory exception compare peremption b : the creation of a right by the running of a period of time...

acquisitive prescription

acquisitive prescription see prescription ...

liberative prescription

liberative prescription see prescription ...

prescription of nonuse

prescription of nonuse see prescription ...

prescriptive

prescriptive 1 : serving to prescribe [ rules] 2 : acquired by, founded on, or constituting prescription [a right] [a longer period] ...

Recommendation and prescription

Recommendation and prescription, there is a basic distinction between recommendation and pres-cription of a text book. When a text book is pres-cribed by an appropriate authority having legal power to do so, it has to be followed by the schools. Prescription of a text book carries with it a binding obligation to follow the text book. There is no such obligation when a text book is merely recommen-ded. Recommendation has merely a persuasive effect, it being open to the schools to accept the recommendation or to reject it as they think fit, Naraindas Indurkhya v. State of Madhya Pradesh, AIR 1974 SC 1232: (1974) 4 SCC 788: (1974) 3 SCR 624....

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