OBligation
Prescription is a mode of acquiring (or losing) ownership andother real rights thru the lapse of time in the manner and under theconditions laid down by law ( Article 1106
).
W
HAT
ARE THE DIFFERENT CONCEPTS OF PRESCRIPTION
?
Prescription is a legal term used to refer to
a.
Acquisitive prescription -- the acquisition of right by the lapseof time under the conditions laid down by law ( Article 1106, par. 1
), which may be ordinary or extra-ordinary. b.
Extinctive prescription (or statute of limitation or limitation of actions)—whereby rights and actions are lost by the lapse of time ( Articles 1106, par. 2 and 1139
). This refers to the timeframe within which an action should be filed in court from thetime the cause of action has accrued, failing in which, theaction is deemed barred by the lapse of the prescribed time.
W
HAT IS THE DIFFERENCE BETWEEN THE TWO CONCEPTS
?
a.
Acquisitive prescription is a mode of acquiring ownership whileextinctive prescription is a way of extinguishing a cause of actionfor failure to file it within the required period.b.In acquisitive prescription, a party becomes the owner of aproperty by prescription while the previous owner loses theproperty. In extinctive prescription, if a party is barred to file anaction because of prescription, the opposite party, on the otherhand, is liberated from the obligation or liability.
c.
Acquisitive prescription applies to civil cases while extinctiveprescription is applicable to all kinds of action whether civil orcriminal. There are, however, exceptions wherein the action, bymandate of the law, does not prescribe like an action to demanda right of way ( Article 1143
); action to abate nuisance ( Article1143
); action to declare the invalidity of a void contract ( Article Prescription is a mode of acquiring (or losing) ownership andother real rights thru the lapse of time in the manner and under theconditions laid
).
W
HAT
ARE THE DIFFERENT CONCEPTS OF PRESCRIPTION
?
Prescription is a legal term used to refer to
a.
Acquisitive prescription -- the acquisition of right by the lapseof time under the conditions laid down by law ( Article 1106, par. 1
), which may be ordinary or extra-ordinary. b.
Extinctive prescription (or statute of limitation or limitation of actions)—whereby rights and actions are lost by the lapse of time ( Articles 1106, par. 2 and 1139
). This refers to the timeframe within which an action should be filed in court from thetime the cause of action has accrued, failing in which, theaction is deemed barred by the lapse of the prescribed time.
W
HAT IS THE DIFFERENCE BETWEEN THE TWO CONCEPTS
?
a.
Acquisitive prescription is a mode of acquiring ownership whileextinctive prescription is a way of extinguishing a cause of actionfor failure to file it within the required period.b.In acquisitive prescription, a party becomes the owner of aproperty by prescription while the previous owner loses theproperty. In extinctive prescription, if a party is barred to file anaction because of prescription, the opposite party, on the otherhand, is liberated from the obligation or liability.
c.
Acquisitive prescription applies to civil cases while extinctiveprescription is applicable to all kinds of action whether civil orcriminal. There are, however, exceptions wherein the action, bymandate of the law, does not prescribe like an action to demanda right of way ( Article 1143
); action to abate nuisance ( Article1143
); action to declare the invalidity of a void contract ( Article Prescription is a mode of acquiring (or losing) ownership andother real rights thru the lapse of time in the manner and under theconditions laid