What is the difference between “Limitation” and ‘Prescription.”?

January 10, 2019 0 Comment

Limitation as affecting the remedy comes under the head of adjective law. The Law of Prescription on the other hand as affecting the substance of the right itself comes under the department of substantive law.

The Indian Limitation Act on the one hand limits the time at the expiration of which civil rights cannot be enforced on the other hand it prescribes the length of use by which a right to property may be acquired.

Limitation is negative in its operation depriving a person of a power which he possessed before. Prescription, on the other hand, is affirmative conferring on a person right to that which he hitherto enjoyed in fact but not in right (e.g.,) a trespasser is an owner in fact and not in Law).

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