Legal Definitions - praescriptio

Definition: Praescriptio (pri-skrip-shee-oh) is a Latin term used in Roman law. It has two meanings:

1. A preliminary part of a formula that defines the scope of action.
2. 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.