The negative prescription

Abstract

The current law consists of modern and ancient institutions. In both of them we can distinguish convenient and inconvenient institutions, because the "old" is not necessarily "obsolete", and the "modern", is not necessarily the "right" either. The "old" is "obsolete in that by deadequation with reality it is either useless, or inconvenient. In law, the fight against the quality of "obsolete" is done through "modernization" (or, where appropriate, very serious elimination); and modernization is done by adapting to the real circumstances to which the institution is destined to govern. This adequacy process can have only two results: success or failure; and inso way that any adequacy materially amounts to "transformation", such a transformation can only have those same results. The requirement, as a legal institution which is and because it is old, suffers in itself from the effect of the foregoing reasoning. Being old, it is in danger of being obsolete, which will have been avoided if, throughout its existence, it has been adequate and transformed into the real circumstances to which it was originally intended to govern.

Every civilist has written about her. Every lawyer has had to study it. And all this over more than twenty centuries. This would ensure effective adequacy and full doctrinal, legislative and jurisprudence. But the truth is that in both one and the other mastery of the experience of Legal Science, there is a lot of confusion, even today in the twilight of the twentieth century; and to affirm this, it is sufficient to look at both the court rulings (the problem of the right title), the laws (Civil Code, Law on Posesorian Information), or the books (Treaties, Monographs, and even the presentations to the IX National Legal Congress, as regards the Committee on Obligations, or what is being taught in some university courses). This is why we venture an explanation on the subject, focusing in particular on the negative phase" of the prescription, with the sincere purpose of adding to the student knowledge one more criterion, that informs the institute in question and that allows the student to take sides in the different currents that exist in terms of the point and can determine, but the correct one, the one that comes closest to him , and thus safeguard the university campus from nefarious influences and especially the legally virginal minds of first-level students.