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Limitation and Prescription: A Comparative Legal History

Limitation and Prescription: A Comparative Legal History

Author: Harry Dondorp; David Ibbetson; Eltjo J. H. Schrage
Publisher: Duncker & Humblot GmbH
ISBN: 9783428156269
Published In: March 2019
Format: Paperback
Jurisdiction: Germany ? Disclaimer:
Countri(es) stated herein are used as reference only

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Within both the Civil Law and the Common Law we find means of acquiring and losing rights, or freeing ourselves from obligations by the passage of time. The ratio thereof is twofold: (1) In the words of Oliver Wendell Holmes, Jr. »Sometimes it is said that, if a man neglects to enforce his rights, he cannot complain if, after a while, the law follows his example« and (2) A claim should not hang above the head of the debtor as if it were a Damocles’ sword, or on the words of Best CJ »long dormant claims have more cruelty than justice in them.« T his ratio is and has been felt strongly in every jurisdiction, but legislation, case law and jurisprudence but the specifications thereof show substantial dissimilarities, notably between the Common Law and the Civil Law, even thus that in recent times several Law Commissions reported about future modifications and other jurisdictions enacted new legislation. This book gives the necessary historical background on a comparative basis.

Comparative Studies in Continental and Anglo-American Legal History, Volume 33

Introduction

Limitation and Prescription in Justinian’s Corpus Iuris Civilis

Lapse of Time in Medieval Laws: Procedure, Prescription, Presumptions, Custom

Prescription and Limitation in Medieval Canon Law

Limitation and Prescription in the Early English Common Law (to c.

1307)

Prescriptive Customs in English Law 1300–1800

Lapse of Time in Equity 1560–1660

Limitation and Prescription in Early Modern England

Early Modern Scholasticism on Acquisitive and Extinctive Prescription

Legal Learning and the Prescription of Rights in Scotland

Contemporary Use of Roman Rules: Prescription and Limitation in the Usus Modernus Pandectarum