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

Beneficial service - binding contracts, Beneficial Service - Binding Contra...

Beneficial Service - Binding Contracts According to such, a contract relates service or apprenticeship is such binding on an infant - which mostly provided it is substantially

Effects or consequences of illegality, Effects or Consequences of Illegalit...

Effects or Consequences of Illegality Misdemeanour Or Illegality renders a contract unenforceable.  However the contract creates no rights and imposes no obligations at the pa

Explain unhcr, Explain UNHCR UNHCR provides protection and assistance n...

Explain UNHCR UNHCR provides protection and assistance not only to refugees, but also to other categories of displaced or needy people. These include asylum seekers, refugees w

Transactions arising in a liquidation, Transactions Arising In A Liquidatio...

Transactions Arising In A Liquidation: In collection in and realisation of assets in order to pay the company's debts and then to distribute any surplus to members the liquida

Relate the military and economic power with each other, Relate the military...

Relate the military and economic power with each other The balance of military and economic power of equilibrium is therefore desirable. A balance of power is a pre-requisite f

Important resolutions which have great impact of terrorism, Two very import...

Two very important resolutions which had a great impact on description of terrorism UNSC has also declared incitement as an offence. The interpretation of terrorism formulated

Briefly outline the role of the state in employee relations, Question 1: ...

Question 1: (a) Briefly outline the role of the State in Employee Relations. (b) Write short notes on any three of the following: (i) The Ministry of Labour and Industrial

Law of associations, Jevin has operated a business as a sole trader for a n...

Jevin has operated a business as a sole trader for a number of years. Now, he is being advised by friends that he should consider registering as a company in order to gain the bene

Alien tort claims act, Alien Tort Claims Act Problem: You work ...

Alien Tort Claims Act Problem: You work at a New York law firm and have been invited by the partner you work for to attend a meeting with Mrs. Esther Kiobel and a dozen

Evaluate anti-discrimination law, As you think about the rights of workers ...

As you think about the rights of workers enhanced by anti-discrimination laws, have society and organizations become more tolerant and competitive due to less discrimination in the

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