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SOME ASPECTS ABOUT EXTINCTIVE PRESCRIPTION IN THE ROMANIAN CIVIL LAW
Abstract
In the current Romanian Civil Code, the prescription is not defined, but only its object. Thus, it is established that the right to claim is extinguished by prescription, if it is not exercised within the term given by law. It is that right which constrains a person, by using public force, to perform a certain action, to observe a certain juridical fact or to bear a sanction of a civil nature. Therefore, the prescription may be defined as a civil sanction, which limits the substantive right to court proceeding if it is not exercised within a certain period. As a general rule, the prescription periods are stipulated by law, but for the first time in Romanian legislation, these terms may be modified by the parties to a contract, in certain situations.
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References5
Gheorghe Beleiu, Natura juridica a prescriptiei extinctive, in Studii si cercetari juridice, No. 4/1985, pp 335 et. seqq.
Militaru Ioana Nely, Dreptul afacerilor. Introducere in dreptul afacerilor. Raportul juridic de afaceri. Contractul. Universul Juridic Publishing House, Bucharest, 2013, pp 188;
Bazil Oglinda, Dreptul afacerilor. Teoria generala. Contractul conform NCC si NCPC, Universul Juridic Publishing House, Bucharest, 2012, pp. 200;
M. Uliescu, A.G. Nicolae, Institutii de drept civil in noul Cod Civil. Manual pentru uzul formatorilor SNG, in www.csm1909.ro/csm/linKuri/06_01_2011_38060_ro.pdf,page 24
M. Nicolae, Prescriptia extinctiva, Ed. Rosetti, Bucuresti, 2004, pp 586.
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