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In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso painting reminded Brad of her, Jennifer acquired it and placed it in his bedroom. In 1990, Brad and Jennifer broke up. While Brad was mending his broken heart, he met Angie and fell in love. Because the Picasso painting reminded Angie of him, Brad in his will bequeathed the painting to Angie. Brad died in 1995. Saddened by Brad's death, Jennifer asked for the Picasso painting as a remembrance of him. Angie refused and claimed that Brad, in his will, bequeathed the painting to her. Is Angie correct? Why or why not?
1 comment:
VIII.
Angie is not correct. Brad cannot bequeath the painting to her because he does not own it. Jennifer is the owner of the painting as she was the one who acquired it. Brad did not become the owner of the painting by prescription because prescription has not yet set in. The 4-year prescriptive period for acquiring ownership over personal property does not apply because Brad knows that Jennifer owns the painting. He needs to possess the painting for eight years before he can acquire it by prescription.
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