I. DECĂDEREA ÎN CODUL CIVIL ŞI ÎN CODUL DE PROCEDURĂ CIVILĂ Conceptul de decădere în dreptul comun
I. FORFEITURE IN THE CIVIL CODE AND IN THE CODE OF CIVIL PROCEDURE The concept of forfeiture in general law

Summary/Abstract: Forfeiture is a controversial institution of positive law, enshrined and regulated for the first time in general law by the New Civil Code, under a specific regime derogating from that applicable to extinctive prescription, an institution already well established. Although controversial, particularly in comparative law, the concept of forfeiture in general law –whose normative autonomy is affirmed by the legislator itself – can be delineated and shaped by civil law doctrine, provided that the essential characteristics of this legal institution are taken into account and that certain forms of pseudo forfeitures are identified, whose legal basis cannot, of course, be denied and with which forfeiture proper cannot therefore be confused. Forfeiture periods differ from limitation periods by their specific object, not by their legal classification nor by their legal foundation. Essentially, extinctive prescription concerns the substantive right of action arising from the infringement of a primary subjective right, whereas forfeiture concerns a subjective right that has not been exercised through a unilateral material or legal act. In cases where the substantive right of action is, for various reasons, subjected by the legislator to a forfeiture period, what is involved are pseudo forfeitures (in reality, “more severe limitations”, either “shortened limitation periods” or “aggravated limitation periods”), rather than genuine, true forfeitures.

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