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Prescription

Prescription

  • August 12, 2015

We are not referring to a medical prescription! In the legal field, prescription has en entirely different meaning than the medication given to you by your doctor. It is a means of acquiring or of being released by the lapse of time and according to the conditions determined by law. In the former case, it is called acquisitive prescription, and in the latter, extinctive prescription. Did you know that a person could, for instance, become the owner of an immovable without ever having bought it or inheriting it? Simply by virtue of having been in peaceable possession of an immovable for an uninterrupted period of 10 years, one can obtain a judgement granting them ownership of it. While such cases of acquisitive prescription are relatively rare, instances regarding extinctive prescription occur on a more regular basis. For example, as the Civil Code of Quebec (CCQ) states, the right to take action for defamation becomes extinct one year after the day on which the defamed person learned of the defamation.

The CCQ dedicates an entire Book to the concept of prescription, and numerous other laws establish exceptions to its general rule. Should a situation present itself in which your rights have been neglected or outright violated – regardless of the area of the law in question – it is crucial to act quickly so as to ensure that you do not lose your rights to compensation and justice. If you are unsure how prescription can affect you and the legal issues you are facing, seek professional help as soon as possible – our lawyers have mastered the art of navigating through all of these delays in order to protect their clients’ rights! Contact Schwalb Légal to speak to an attorney.

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