Define the principle of prescription, Business Law and Ethics

Assignment Help:

Define the principle of prescription

Prescription  (res  nullius-an  asset susceptible of acquisition but presently under the ownership or sovereignty of no legal person). Prescription is a mode of establishing title to territory.   It legitimizes a doubtful title by the passage of time and the acquiescence of the former sovereign. For acquisitive prescription to be effective there must be a display of State authority and the absence of recognition of competing State. The possession must be adverse. The said adverse possession must be peaceful, uninterrupted and done publicly. It relates to a right which a State exercises over a number of years. If a particular territory is occupied by a State without interference from other States then automatically that piece of land becomes a part of that State. For example, Pakistan and India's dispute over Siachen Glacier relates to the problem of prescription. If Pakistan had not contested against the effective control by India over Siachen then following the principle of prescription, it would have become a part of India. Therefore, one State can assert its legal rights over a particular territory; provided it does not belong to any another state and can legally occupy it under the principle of prescription.


Related Discussions:- Define the principle of prescription

Scheme of arrangement, Scheme of Arrangement: The following sequence o...

Scheme of Arrangement: The following sequence of action is necessary:  (a) application is made to the court (usually by the company itself) for an order that one or more me

Contractual capacity of persons of unsound mind, Contractual Capacity of Pe...

Contractual Capacity of Persons of Unsound Mind Furthermore a contract entered into through a person of unsound mind is voidable on his option whether it is proved that the ot

Protect intellectual property , Officials defended China's efforts to stop ...

Officials defended China's efforts to stop rampant copying of movies and other goods, saying Thursday that 4,322 people had been convicted of product piracy last year and promising

Take an action in court, A is a Malaysian contractor in the oil and gas bus...

A is a Malaysian contractor in the oil and gas business. B is a large British oil exploration company. By a written Contract, B appointed A in January 2008 to maintain B's offshore

Case briefing - instructions and guidelines, EXPLAINING THE PURPOSE OF THE ...

EXPLAINING THE PURPOSE OF THE CB ASSIGNMENTS An essential part of understanding the law is being able to read, digest, and synthesize legal cases (also referred to as case law o

Division of companys powers, Division of company's Powers: Article 80 ...

Division of company's Powers: Article 80 of Table A states: "The business of the company shall be managed by the directors one who may... exercise all the such powers of th

What are the main objectives of contract administration, QUESTION (a) W...

QUESTION (a) What is a contract and what are the elements of a valid and enforceable contract according to English Law? (b) List down 5 main documents which form part of a b

Subject to it or affected it - african customary law, Subject to it or affe...

Subject to it or affected it - African Customary Law Mostly one of the parties must be subject to it or affected through it. Whether as the plaintiff and the defendant rel

What is judicial review, QUESTION 1 (a) What are the various alternativ...

QUESTION 1 (a) What are the various alternatives that exist to settle a dispute besides going to court (b) What are their respective advantages and disadvantages QUESTIO

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd