The Catholic Encyclopedia Volume 12; An International Work of Reference on the Constitution, Doctrine, Discipline, and History of the Catholic Church by Charles George Herbermann
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt: ...positive law. Thus one could not secure dominion over a public highway on pretence that prescription had operated in his behalf. The reason is that the authority of the law cannot be invoked, without which the process falls. 2. The beneficiary must act in good faith. The civil codes are not so explicit in demanding this, but in conscience it is essential. This simply means that a man must be honestly convinced that what he has in his possession really belongs to him. The Fourth Lateran Council requires this in no uncertain terms. Prescription cannot legitimize theft or detention of property known to be that of another. It may be noted, however, that when the scope of the prescription is to free one from certain servitudes, and the attitude of him who profits by it need only be passive, then "good faith" is interpreted to mean that he should not hinder the other party exercising his right; he is not bound to warn him that prescription is running against him. This has its application in rural districts and with regard to such matters as the right to fish, to draw water, to pasture, and the like. Bad faith on the part of a decedent will prevent his immediate and sole heir from availing himself of prescription. The heir is then juridically one person with the deceased and must take over the latter's obligations. Consequently he can no more benefit by it than could his predecessor. In addition the good faith which is indispensable for prescription postulates in the possessor of a thing some sort of title to it. It need not be a true title because then there would be no need of prescription. It must have the semblance of a good title, such as the purchase of something which did not as a matter of fact belong to the seller, or at least there must be vali...
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