Open AccessExtinctive Prescription, a Means of Extinguishing the Substantive Right of Action and the Forfeiture of the Right to Invoke it
Author(s) -
Cristian Macsim
Publication year - 2021
Publication title -
logos, universality, mentality, education, novelty. section law
Language(s) - English
Resource type - Journals
eISSN - 2458-1046
pISSN - 2284-5968
DOI - 10.18662/lumenlaw/9.1/51
Subject(s) - institution , action (physics) , civil code , civil procedure , representation (politics) , law , code (set theory) , medical prescription , object (grammar) , political science , law and economics , sociology , computer science , set (abstract data type) , medicine , programming language , artificial intelligence , physics , quantum mechanics , politics , pharmacology
This article falls both within the provisions of the Civil Code relating to extinctive prescription, its notion and object, the effects of prescription, and, inseparably, within the provisions of the Code of Civil Procedure because this institution entails the forfeiture of the right to bring a civil action, which produces serious legal effects for the holder of the right of action because, once invoked and applied, it leads to the loss of the civil subjective right itself. The purpose of the article is to present the general legal rule governing this institution and to highlight the procedural aspects that practitioners must take into account in the activity of legal representation.