Regula generală și regulile speciale privind începutul cursului prescripţiei extinctive în noul Cod civil
General rule and special rules regarding the beginning of the statute of limitations in the new Civil Code

Summary/Abstract: Statute of limitations consists in extinction of a material right to action that has not been exercised within the period of limitation prescribed by law. It follows that the constituent, essential element of prescription is a time limit within which the holder of a civil subjective right (violated, ignored, contested) must exercise the right of action by which it is defended that as subjective. To start statute of limitations, the law-maker has acted in two ways: he fixed two alternative moments when entitlement to action and set out the general rule, special situations where the prescription right of action to start flowing at a certain time, expressly provided or, where circumstances can be easily determined by the parties and in case of dispute by the court.

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