Acquisitive prescription (“prescription”), an original method of acquisition of ownership, is regulated by two prescription acts. What legal procedures need to … 16, No. “In law prescription is of two kinds: it is either an instrument for the acquisition of property or an instrument of an exemption solely from the servitude of judicial process.” 1 Keywords Dispute Territory International Tribunal Arbitral Award International Lawyer Municipal Court int’l l. 332, 345, (1950). Ordinary acquisitive prescription requires possession in good faith and with just title for ten years. It is useless in practice and confusing in theory. The acquisition is by continuous and undisputed exercise of sonvereignity. Although it is sometimes said that the International Court would accept acquisitive prescription as a general principle of law, 113 what is the content of the general principle? When used in the context of International law, the term ‘prescription’ refers to the acquisition of a nation or territory by another nation. Acquiescence is often implied, in the interests of international order, in cases where it does not genuinely exist, but without knowledge there can be no acquiescence at all." Acquiring or releasing property after a certain period of time and subject to conditions determined by law, acquisitive prescription is a common practice. Two of those examples of argument from Roman law will be assessed: occupation of terra nullius(Section 4) and acquisitive prescription (Section 5). Acquisitive prescription is a mode of acquiring ownership by a possessor through the requisite lapse of time. [1] The Supreme Court (SC) explained it clearly in Arzadon-Crisologo v. Rañon[2], to wit: It is concerned with lapse of time in the manner and under conditions laid down by law, “Acquisitive prescription” should be denied as a rule of international law governing the acquisition of territorial sovereignty. 1, pp. 19 D.H.N. effectivités Source: Encyclopaedic Dictionary of International Law Author(s): John P. GrantJohn P. Grant, J. Craig BarkerJ. "Acquisitive prescription depends upon acquiescence, express or implied. at 17. Argument from Roman Law in Current International Law: Occupation and Acquisitive Prescription European Journal of International Law, Vol. 20 Ramos-Mrosovsky, supra note 3, at 906. 25-58, 2005 Posted: 29 Feb 2008 The analogous principle in international law is acquisitive pre-scription. Prescription is mostly regarded as an unproblematic area Acquisitive prescription, though, does not require the 18 Id. Acquisitive prescription is either ordinary or extraordinary. Craig Barker. What is acquisitive prescription? 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