ABSTRACT

The Law of the Twelve Tables established that whosoever shall have enjoyed for the space of two years the use of any property in land, and for the space of one year any other form of property, shall become the legitimate owner thereof (with the exception of certain cases reserved).l This form of acquiring property was called usucapio. But it was reserved only to those possessing citizenship.2 A different procedure was needed for property in the provinces which did not carry with it legal (Quiritian) ownership, and for aliens who, lacking the title of citizens, were not qualified to obtain the dominium. 3 " It was permitted to anyone who had obtained possession of any property in the provinces in a regular manner, and had been in possession thereof for at least ten years, to rebut all claim on the part of the former possessor by means of a plea in demurrer, longae possessionis praescriptio." 4 Supposing a claimant came forward to claim any such property as belonging to him. The Praetor then handed to him a written form in which were defined the points on which the judge designate would have to pronounce. But at the head of this written statement he drew up, on the prayer of the defendant, a conditional restraint setting forth that, if the defendant had in reality possessed the property for the legal space of time, the plaint brought against him would be non-suited a priori. The praescriptio, therefore, was an exception enabling the possessor to render void the action which was being brought against him for the recovery of the property.5