Open AccessTowards more reasonable prescription in private law?
Author(s) -
Joanna Kruszyńska-Kola
Publication year - 2020
Publication title -
forum prawnicze
Language(s) - English
Resource type - Journals
ISSN - 2081-688X
DOI - 10.32082/fp.v3i53.243
Subject(s) - medical prescription , institution , law , core (optical fiber) , political science , law and economics , sociology , engineering , medicine , telecommunications , pharmacology
The author presents original research method enabling to answer the question ‘what is the ratio (rationale, justification) of prescription?’ not from theoretical but practical standpoint, as well as the results of its application in historical-comparative study. This study demonstrates that even bearing in mind the potential differences across legal systems and historical periods, it may be argued that there is something permanent and common in prescription, that the notion of a universal core of the ratio is indeed viable. Thus the aim of this paper is to assess — taking into account findings concerning the ratio of prescription — Swiss (OR 2020) and Polish proposals of modification and recent developments in the civil-law regulation of the said institution.