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Abstract:
The extinctive prescription is defined as a legal way by which the right to action in court is terminated if not exercised by the beneficiary within a term stipulated by the law. The phrase "right to action" is construed by the lawmaker as the right of a natural or legal person to force another legal or natural person, using the force of the state, to render a certain service or obligation such as: to give, make or not, meaning to observe a certain legal obligation and to bear, as consequence, a civil punishment.
Keywords: extinctive prescription, prescriptible, imprescriptibility
The extinctive prescription is defined as a legal way by which the right to action in court is terminated if not exercised by the beneficiary within a term stipulated by the law.
The phrase "right to action" is construed by the lawmaker as the right of a natural or legal person to force another legal or natural person, using the force of the state, to render a certain service or obligation such as: to give, make or not, meaning to observe a certain legal obligation and to bear, as consequence, a civil punishment.
As indicated above, the right to action is prescriptible in time if a patrimony object is involved, save for the case when the law stipulates otherwise.
The general rules states that the object must be patrimonial, but the extinctive prescription can also operate for other rights to action which are not necessarily patrimonial.
The lawmaker also regulates cases of imprescriptibility regarding the right to action when the subject of the right protected by the law, its exercise cannot be limited to a certain period of time.
The right to action regarding the protection of a non-patrimonial right is imprescriptible only when the law does not stipulate otherwise.
The action to confirm or deny the existence of a subjective right and the action to confirm the absolute nullity of a civil legal deed are also subject to imprescriptibility.
Moreover, imprescriptibility also operates when legal action is brought to court, respectively for the absolute nullity of an "inheritance certificate".
It is effective only if the contents of such "inheritance certificate" indicate the successors and/or heirs, but a prerequisite for imprescriptibility is for the...