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Note that in a common law system, this would be thrown out of court under either "acquiescence" (if you don't raise a fuss for a very long time when someone unk
by azernik 5y ago
Note that in a common law system, this would be thrown out of court under either "acquiescence" (if you don't raise a fuss for a very long time when someone unknowingly infringes your rights, you can lose those rights), or "laches" (if you wait long enough to make a legal claim that the defendant is injured by e.g. having made economic decisions in ignorance of that claim).
Not sure about the equivalent Italian law, but I would be deeply surprised if there isn't something similar.
- carlob 5y ago> Not sure about the equivalent Italian law, but I would be deeply surprised if there isn't something similar. It's actually in the constitution: hereditary titles are no longer recognized.
- 3v1n0 5y agoThat's even better concept, although that's related to the title but not sure if applies to properties.
- azernik 5y agoThat's a more specific thing regarding hereditary titles. Acquiescence in the common law applies to any right. Could be water rights, grazing rights, certain intellectual property rights (though those are generally registered in a way that infringing on them legally "unknowing" is hard), &c If I have grazing rights on land that someone else owns, but don't actually graze there for decades and a new owner doesn't know about those rights, I can't then come back mad that his new fence infringes on the right that I've never asserted and he's not aware of.
- carlob 5y agoIn Italy we have something like that, that should translate to usucaption[0] or acquisitive prescription. The term for real estate is 20 years, for other types of property it is shorter. [0] https://en.wikipedia.org/wiki/Usucaption https://en.wikipedia.org/wiki/Usucaption
- azernik 5y agoWhereas in the common law, it being the f** common law, there's no fixed term and it's just "what does the judge think is in line with similar past cases".
- riccardomc 5y agoThe Roman law equivalent is Usucapione, still applicable in Italy: https://en.wikipedia.org/wiki/Usucaption https://en.wikipedia.org/wiki/Usucaption
- supergirl 5y agothe residents now complain that the feudal law is old and should be abolished. it would be funny if they win the case using a Roman law
- garmaine 5y agoIt's not a law so much as a governing principle.
- oblio 5y agoNot only in Italy. I remember studying law for one semester at the University and our professor mentioned that this was still applicable in Romania, circa 2005.
- mncharity 5y agoIIRC, MIT periodically locks each generally-unlocked through-corridor exterior door, lest a public right of way become established.