LEGAL REGIME OF THE EXCEPTION OF THE PRESCRIPTION OF THE RIGHT TO ACTION IN THE PERSPECTIVE OF THE NEW CODE OF CIVIL PROCEDURE Cover Image
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REGIMUL JURIDIC AL EXCEPȚIEI PRESCRIPȚIEI DREPTULUI LA ACȚIUNE ÎN PERSPECTIVA NOULUI COD DE PROCEDURĂ CIVILĂ
LEGAL REGIME OF THE EXCEPTION OF THE PRESCRIPTION OF THE RIGHT TO ACTION IN THE PERSPECTIVE OF THE NEW CODE OF CIVIL PROCEDURE

Author(s): Alina Ştefania Ivan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: procedural exception; right of action; the substantive sense; procedural sense; peremptory; fund; absolute;

Summary/Abstract: The extinctive prescription of the action goes right in the material sense. The limits of the action right is an exceptional background for admission to peremptory rejection results as prescribed, and absolute, as it can be invoked by way of exception by all parties to the trial, the prosecutor and the court office. If the procedural exception is allowed, the court will not investigate the merits, but will dismiss the action as prescribed. Therefore dismiss the refusal amounts to contest the coercive force of the state for the proprietor of the subjective right. For the passive subject the expiration of the limitation means the impossibility to enforce the execution of the obligation.

  • Issue Year: 2010
  • Issue No: 01
  • Page Range: 161-169
  • Page Count: 9
  • Language: Romanian