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Extinctive Prescription, a Means of Extinguishing the Substantive Right of Action and the Forfeiture of the Right to Invoke it

Author

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  • Cristian Macsim

    (Assistant professor at "Stefan cel Mare" University of Suceava - Faculty of Law and Administrative Sciences)

Abstract

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.

Suggested Citation

  • Cristian Macsim, 2021. "Extinctive Prescription, a Means of Extinguishing the Substantive Right of Action and the Forfeiture of the Right to Invoke it," Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law, Editura Lumen, Department of Economics, vol. 9(1), pages 01-12, December.
    • Handle: RePEc:lum:rev13d:v:ix:y:2021:i:1:p:01-10
    DOI: https://doi.org/10.18662/lumenlaw/9.1/51
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    More about this item

    Keywords

    extinctive prescription; civil action; subjective right; object of extinctive prescription; effects of extinctive prescription; rules applicable to extinctive prescription; forfeiture of the right to invoke prescription;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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