2.1.110 to 2.1.114

Usucaption, as such, was recognized by the Common Law, and the doctrine of the Twelve Tables, that it only applied to corporeal objects, was accepted in all its rigidity. "Incorporealia verò possideri non poterunt, nec usucapi, nec sine corpore tradi, quia per se traditionem non patirentur. Quasi possidere tamen non poterunt per patientiam &per usum ." (Fleta, III, XV, 1.) According to Bracton, no certain time for the title to vest was established by law, but this was left entirely to the discretion of the Court. "Rerum dominia transferuntur per usucaptionem s. p. longam, continuam et pacificam possessionem, ex diuturno tempore et sine traditione; sed quam longa esse debeat non definitur a jure, sed ex lustitiariorum discretione." (Bracton De Leg. et Consuet, Ang . II, 22.) Prescription, at Common Law, was based on the enjoyment of a right from time immemorial, and did not apply to land. It is now regulated by statute, and in England depends upon uninterrupted use for twenty years, where an easement is concerned. The ownership of immovable property is acquired in France by continuous possession for ten years, if the true owner resides within the jurisdiction of the Court of Appeal; and for twenty, if he does not. (Cod. Civ . Art. 2265); in Spain, for the same periods, when the parties are present, or absent, (Cod. Civ . Art. 1957); in Portugal, for five years where possession, and for ten years where the title of acquisition, is registered; in both cases from the date of registry. (Cod. Civ . Art. 526); in Italy, for ten years where all legal requirements have been corn- thing which the slave may acquire will be for his benefit. An usufructuary, however, cannot acquire a slave by usucaption; first, because he does not have possession, but only the right of use and enjoyment; and second, because he knows that the slave belongs to another.