Some considerations on the interruption of the limitation term of the substantive right of action in the case provided for in Article 2539 para. 2 of the Civil Code

DEZBATERI

Abstract

The statute of limitations is an institution of substantive law which has been reformed by the provisions of the current Civil Code. The most notorious transformation consisted in the change of its legal regime from a public law institution to a private law one, a transformation that was reflected both in the way of invoking extinctive the limitation term in civil proceedings and in the introduction of a novel case of interruption of the limitation term – the one provided for by Art. 2539 para. 2 final sentence of the Civil Code. However, Art. 2539 para. 2 of the Civil Code is only apparently a legislative novelty as regards the way of dealing with the plea of extinctive the limitation term. This material contains some considerations on the interrupting effect of the limitation term in the case of analysis that may contribute to a better understanding of it.

Keywords: limitation term, legal regime, interruption