VIII. DEZBATERI 1. Decăderea în dreptul pozitiv comparat. Experienţe şi posibile lecţii
VIII. DEBATES 1. The forfeiture in comparative positive law. Experiences and possible lessons

Summary/Abstract: This study explores the notion of forfeiture from a philosophical legal and comparative law perspective, analyzing both its symbolic origins and its concrete expressions in civil law and common law systems. It highlights three essential functions: legal sanction for inaction, preservation of legal certainty, and the balance between legality and equity. By examining the French, German, British, and American systems, we show that, regardless of the terminology used (déchéance, forfeiture, time bar, statute of repose), the legal effect of forfeiture converges on the loss of a right through failure to act within a prescribed time. Our research draws attention to the sovereign dimension of forfeiture, as the legislature’s power to determine when a right ceases, and emphasizes the importance of judicial flexibility in the face of potential injustice. Therefore, forfeiture becomes a point of intersection between order and justice, between legal time and human time.

• Details
• Contents