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Universul Juridic magazin

General rule and special rules regarding the beginning of the statute of limitations in the new Civil Code

Statute of limitations consists in extinction of a material right to action that has not been exercised within the period of limitation prescribed by law. It follows that the constituent, essential element of prescription is a time limit within which the holder of a civil subjective right (violated, ignored, contested) must exercise the right of action by which it is defended that as subjective. To start statute of limitations, the law-maker has acted in two ways: he fixed two alternative moments when entitlement to action and set out the general rule, special situations where the prescription right of action to start flowing at a certain time, expressly provided or, where circumstances can be easily determined by the parties and in case of dispute by the court.