- Statute
- Civil Code
- Article
- Art. 1112
- Topic
- General Provisions
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE V PRESCRIPTION
- Chapter
- CHAPTER 1 General Provisions
- Formerly
- Art. 1935 of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
Persons with capacity to alienate property may renounce prescription already obtained, but not the right to prescribe in the future. Prescription is deemed to have been tacitly renounced when the renunciation results from acts which imply the abandonment of the right acquired. (1935)
Intellegal Wiki · In plain terms
A person who is legally able to dispose of property may give up (renounce) a prescription that has already been completed in their favor, but cannot waive in advance the right to acquire by prescription in the future. Such a renunciation can be implied—it is treated as tacitly made when a person acts in a way that shows they are abandoning the right already gained.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Maria Gonzalez v. Simeon Blas G.R. No. 1477