Page:What is Property?.pdf/151

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FIRST MEMOIR.
97

none the less true that it is not based on a just title; since the only titles which it can show—occupation and labor—prove as much for the proletaire who demands, as for the proprietor who defends. Further, this possession is dishonest, since it is founded on a violation of right, which prevents prescription, according to the saying of St. Paul—Nunquam in usucapionibus juris error possessori prodest. The violation of right lies either in the fact that the holder possesses as proprietor, while he should possess only as usufructuary; or in the fact that he has purchased a thing which no one had a right to transfer or sell.

Another reason why prescription cannot be adduced in favor of property (a reason borrowed from jurisprudence) is that the right to possess real estate is a part of a universal right which has never been totally destroyed even at the most critical periods; and the proletaire, in order to regain the power to exercise it fully, has only to prove that he has always exercised it in part. He, for example, who has the universal right to possess, give, exchange, loan, let, sell, transform, or destroy a thing, preserves the integrity of this right by the sole act of loaning, though he has never shown his authority in any other manner. Likewise we shall see that equality of possessions, equality of rights, liberty, will, personality, are so many identical expressions of one and the same idea,—the right of preservation and development; in a word, the right of life, against which there can be no prescription until the human race has vanished from the face of the earth.

Finally, as to the time required for prescription, it would be superfluous to show that the right of property in general cannot be acquired by simple possession for ten, twenty, a hundred, a thousand, or one hundred thousand years; and that, so long as there exists a human head capable of under-