Morals of the Church
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Section — Wouters, Manual of Moral Theology

III. On Liberative Prescription

809.

I. Liberative prescription can be constituted in a twofold way, namely, either so that it truly extinguishes the debt itself, or so that it excludes only a judicial action against the debtor. In what way it is constituted for different debts, draw from the law and jurists of one's country.

PrescriptionAcquisitive PrescriptionLiberative PrescriptionLoans (Mutuum and Commodatum)

810.

II. For liberative prescription there are required: a suitable thing, theological good faith, and the time established by law. It is said:

  1. A suitable thing; almost as was said concerning acquisitive prescription (n. 808).

  2. Theological good faith; concerning this, observe:

a) Theological good faith is had: 1° when thought about the existing debt does not even enter the mind; 2° when someone judges either that the debt was not contracted or that it has been paid; 3° when without grave fault he doubts whether the debt was contracted. But if he is certain concerning the debt contracted and doubts concerning payment, he is bound to pay, according to the opinion of St. Alphonsus, which we shall embrace in its own place.

b) Theological good faith is always required, with a twofold case excepted, namely: 1° when it is a question of a debt which someone is not bound to pay unless it is demanded, such as a penal debt (St. Alphonsus, III, 513); 2° when it is a question of extinguishing a passive servitude, for example a servitude of way, and someone other than the one prescribing places an act which impedes the use of the servitude.

  1. Time established by law; concerning this, consult the respective civil law. Note also that here too the things which we said concerning the suspension and interruption of acquisitive prescription have force (n. 808).

PrescriptionAcquisitive PrescriptionLiberative Prescription