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Prescription (Computation (Suspension of Prescription (Effect of…

- - - - Exception: If you abandon suit no longer interrupted
  - - - PRESCRIBE YOU CAN RENOUCE
        
        Don't need your approval, I renounce you gain ownership of what you lost
        
        tasid, can't renounce when intoxicated only when you are capable of doing it
        
        If you do renounce to creditor thing
      - ACKNOWLEDGE IS DIFFERENT
- - - - Thing (movable or immovable) must be susceptible to prescription (usually private thing owned by private person or private thing belonging to subdivision of state or not state itself)
      - Possession that is adverse (possession is corpus + admus) possession against owner of property
        
        Adverse possession must meet requirements of possession can't have vices of possession (continuous, uninterrupted )
        
        NEED TO START WITH CORPOREAL
        
        Cant have vices :::::3435. Possession that is violent, clandestine, discontinuous, or equivocal has no legal effect
        
        CANT BE VICIOUS
        
        Precarious possessor NEVER prescribe
        
        Have to give ACTUAL notice
        
        Successors
        
        Universal successor of a precarious possessor governed by 3477 & 3488 Universal successor has to send notice to start prescribing (ex. an heir is a universal successor)
        
        Particular successor immediately becomes an adverse possessor by CC 3479 (ex. a buyer is a particular successor) [particular successor this living person sells to other person]
    - - Passage of time: start day after, last day can the on public holiday (calculation, interruption etc...)
        
        Immovable 30 yrs, 10 yrs
        
        Movable 10yrs, 3 yrs
      - 10 YR Acquisitive Prescription for Immovables
        
        Just title : Juridical act translative of ownership
        
        Title: a means of property rights, transferring ownership
        
        Good title: buy directly from owner
        
        Buy from owner nemo dat rule is your friend
        
        Short of good title, defect in the title, error of fact or law, defect in title YOU HAVE POSSESSION based on this just title. Some defect not as serious as absolute nullity (void or invalid form inception, it never happened, ex. an illegal contract or tax sale not made pursuant to law) OWNERSHIP is out of the question . If transfer is defective you only have possession not ownership.
        
        10 yrs good faith and just title
        
        Good faith for acquisitive prescription: honest belief on part of adverse possessor that they believe they OWN the thing
        
        Good faith belief must be established with reference to subjective and objective criteria . When you satisfy both criteria then that person becomes good faith possessor . Examine good or bad faith at the time of the commencement of the possession. If later on the AP falls from good faith, discovers they never own the thing that future development doesn't matter doesn't change characterization . GF IS PRESUMMED, BOP on other party that they were in BAD FAITH
        
        Subjective criteria: what they knew what the level of education was, what did they subjectively believe
        
        Objective criterion: would a reaonsable person share the belief
        
        Rel. nullity 10 yrs
        
        Absolute nullity not a transaction 30 yrs?