The just title: act of transfer to non-domino in good faith

Abstract

This article, from a historical and comparative perspective, examines the key to ordinary acquisitive prescription: the just title. It emphasizes that this is a good-faith transfer of ownership to a non-owner, as conceived in Roman law and various legal systems such as French, Italian, and Spanish. The article then moves to the Peruvian legal system, where, despite the general doctrine aligning with this definition, a segment of jurisprudence reveals that lawyers and judges confuse the prescription of someone with a just title with the prescription of someone who possesses a valid and effective title to ownership but resorts to usucaption to consolidate their legal status. These application deficiencies must be eradicated.