The Usucaption called prescription purchasing or positive is also a way of acquiring ownership of a well.The usucapio term comes from the latin usus capere, i.e., to become owner of a thing without another title than the continued use of the same for some time. To become owner by usucapion of one thing is required to possess it always in the concept of owner, continuously peacefully unless it has been claimed by anyone, and during the time fixed by the law, which is usually about six years if it is movable thing and thirty if it's the real thing. Law differentiates usucapion in good faith, in which case prescription times are cut in half, and the usucapion in bad faith that, some jurisdictions, such as the Canon law, prohibit it and condemn because it is unethical and sinful because it involves appropriating something that another owner is incurring, most of the time, a crime of misappropriation. Usucaption in other jurisdictions such as the French, the Spanish, or the Canon is known with the term of prescription purchasing, differentiating it thus of extinctive prescription.There are two theories explaining the existence of the usucapion. On the one hand the theory subjective points out that the Foundation is in the waiver, abandonment or willingness to renounce the real right of the holder not exercising any defence against the possession of another action. However this theory must be rejected it because it is enough to demonstrate that this waiver will does not exist to override the Usucaption. On the other hand, the objective theory, which is the most widely accepted, points out that the basis is to give certainty and security to legal relations consolidating the apparent title, i.e., the status quo of the possession.
