The Extinctive Prescription in a Context of Reforms. Validity and Lags
Abstract
Few institutions enjoy and treasure in Law the spell of the extinctive or liberatory prescription. From the promulgation of the Civil Code it has not undergone many modifications. Nevertheless, it has been the subject of innumerable interpretations and positions, above all, dogmatic. Today as yesterday the question to be asked is whether the legal regulation of the institution is rational, as well as efficient. At certain points we can not deny that the prescriptive institution is mixed with a manifest irrationality, and at the same time arbitrary regulation, especially when deciding what is the term for the prescription as well as its different terms depending on the contractual or extracontractual scope. Thus, what is the ratio, if any, to determine the duration of the different terms? Why are different deadlines lacking in harmony, instead of opting for holistic and unique deadlines, as is the trend now in principled standards and frames of reference at both the European and Unidroit levels?
Received: 23 May 2019
Accepted: 29 June 2019
Published online: 31 October 2019
Downloads
Last update: 26/10/2026
The authors are advised to read their rights carefully. We believe this approach ensures a fair agreement for both parties. These instructions should be read in conjunction with the Ethical Guidelines and the Open Access Policy, Licensing Terms and Copyright of the journal "Deusto Journal of European Studies (DJES)".
1. Authorship and Ethics
By submitting their manuscripts to Deusto Journal of European Studies (DJES), the authors accept and undertake to comply with the conditions of publication without the need to sign an additional transfer agreement with the Publisher (University of Deusto). In doing so, they guarantee that their work is unpublished in any form, original, and does not breach DJES’s Ethical Guidelines or the rights of third parties, and that no licences have been or will be granted that are incompatible with the rights granted to the Publisher.
The authors assume full and exclusive responsibility for the content of the study and formally declare that they have no conflicts of interest that affect the integrity of the research.
2. Publisher’s Rights
By submitting the manuscript, the authors agree to its publication under the Creative Commons CC BY-NC-ND 4.0 licence. Consequently, they grant the Publisher the exclusive, royalty-free and worldwide right of first publication, editing, layout and exploitation of the article. This grant authorises the Publisher to distribute, sub-license and index the work in any format, medium, database or institutional repository, for the purposes of promotion and scientific dissemination.
3. Copyright
The authors retain the intellectual property rights to their article and retain the right to distribute and use their work for teaching purposes, future research or personal archiving, provided that the original publication in the Journal is cited. They are also permitted to republish in other media, provided that a (foot)note is included with the full reference to DJES (including the DOI, where available) and no explicit endorsement of the Journal and/or Publisher is implied.
4. Open access
DJES is an open-access journal; this means that it is freely and fully accessible in its entirety immediately upon publication of its content. However, in accordance with the licence mentioned above, the authors of the articles must always be properly cited; and both commercial use and any modification intended for distribution will require the express prior written permission of the rights holder.
More details are available under the section “Open Access Policy, Licensing Terms and Copyright”.
3.jpg)
2.jpg)
2.jpg)
2.jpg)
2.jpg)
2.jpg)
