Unele consideraţii privind reglementarea prescripţiei extinctive în noul Cod civil
Some Considerations Regarding the Regulation of the Extinctive Prescription in the New Romanian Civil Code

Summary/Abstract: The new Romanian Civil Code, which came into force as recently as the 1st of October 2011, dedicated its 6th book to the extinctive prescription, decay and term calculations. As such, the former Decree no. 167/1958 concerning the extinctive prescription and the few articles regarding this matter in the former civil code, have all been abrogated. Taking advantage of this new regulation of the extinctive prescription, in this study we approach both the implications of some of the novelties concerning our matter – the extinctive prescription, that is – and, by our own means, the possible uncertainties one would come across while interpreting the provisions of the new law. Our goal is not to reiterate what has already been said or widely known, but rather to point out and examine some of the challenging and innovative provisions that we considered debateworthy, such as: the new definition of the extinctive prescription; the procedural aspects of the institution; the temporal application of the new law; a short analysis regarding the period of prescription from the viewpoint of its debut etc. Just as the new provisions shift the powerhouse from the prioritized interest for the common good of the society – the extinctive prescription being a matter of public order – to the revitalized interest for the will of the individuals, we think that the new regulation of this institution should mostly be seen as auspicious, in the context of the modern tendency to give a greater importance to contractual freedom of the parties.

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