CONSIDERATIONS REGARDING THE PRESCRIPTIBILITY OR IMPRESCRIPTIBILITY OF THE NOTICE OF CLAIM
CONSIDERATIONS REGARDING THE PRESCRIPTIBILITY OR IMPRESCRIPTIBILITY OF THE NOTICE OF CLAIM

Summary/Abstract: Prescriptibility or imprescriptibility of the notice of claim has been an issue amply debated in the specialty doctrine, in accordance with the dispositions of the Civil Code from 1864, being also maintained, under certain circumstances, in present. Some authors have considered that notice of claim is imprescriptible under extinctive aspect, no matter if this is the way of claiming movable property or immovable property, whereas other authors have claimed that the issue of prescriptibility or imprescriptibility of the notice of claim differs specifically depending on the same criteria. The authors of this study shall try to analyze the dispositions of the Civil Code from 1864, of the Civil Code in force in present, but also the opinions expressed in the specialized literature, in view to present some new opinions related to the analyzed topic.

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