The Extinctive Prescription in a Context of Reforms. Validity and Lags

  • Abel B. Veiga Copo Comillas Pontificial University
DOI: https://doi.org/10.18543/ced-61-2019pp129-165
Keywords: prescription, enforceability of the obligation, term, waiver of rights

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

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Author Biography

Abel B. Veiga Copo, Comillas Pontificial University

Profesor Agregado de Derecho Mercantil de la Universidad Pontificia Comillas de Madrid

Published
2019-10-31
How to Cite
Veiga Copo, Abel B. 2019. “The Extinctive Prescription in a Context of Reforms. Validity and Lags”. Deusto Journal of European Studies, no. 61 (October), 129-65. https://doi.org/10.18543/ced-61-2019pp129-165.
Issue
No. 61 (2019): Studies on European Private Law: A Step Forward Towards its Unification
Section
Monographic Articles

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