Post by account_disabled on Mar 6, 2024 2:34:17 GMT -4
Since Roman law, prescription has been an institute that regulates the loss of the right to take legal action, due to the passage of time since the debt was contracted. The law even differentiates between prescription and statute of limitations, aiming to clarify such institutions so that they do not conflict. While one interrupts the possibility of judicially demanding a right, the other, decadence, extinguishes the right itself. It is as if the prescription had a limitation period for filing your collection or enforcement action.
When studying prescription in law courses, teachers always taught that prescription was the loss of the creditor's right to pursue his credit in court. It turns out, however, that this has always been an extended interpretation of what the law says in article of the Civil Code.
This is because the institution of prescription is provided BTC Number Data for in our legal system, in the Civil Code, which states that “if the right is violated, the claim arises for the holder, which is extinguished by prescription within the deadlines referred to in articles and ”. Articles and do not provide any additional definition, only the deadlines that each type of title had to be charged. The statute of limitations varies depending on the title, which can be from one to ten years.
In the literal sense of the word, claim is the right that one believes one has to something. Therefore, if we analyze only from the perspective of the literal meaning of the word, at no time does it say that the claim is the right to demand judicially. This is because the fact that the debt is prescribed does not mean that it does not exist, but it guarantees the creditor the right to file or not a lawsuit against that credit.
It is still necessary to clarify that there are several guiding principles of law, and many of them, surprisingly, aim to protect the debtor. In other words, what we conclude is that, for many, debt pays off. And more than that, there are those who cling to the idea that “after five years you will be debt free” and with that, you become a carefree debtor who lives in a vicious cycle of acquiring debts that after five years will be “forgiven”. Therefore, it is very easy to be a debtor in Brazil. There is protection for this type of repeated behavior and which is now endorsed by the judiciary.
When studying prescription in law courses, teachers always taught that prescription was the loss of the creditor's right to pursue his credit in court. It turns out, however, that this has always been an extended interpretation of what the law says in article of the Civil Code.
This is because the institution of prescription is provided BTC Number Data for in our legal system, in the Civil Code, which states that “if the right is violated, the claim arises for the holder, which is extinguished by prescription within the deadlines referred to in articles and ”. Articles and do not provide any additional definition, only the deadlines that each type of title had to be charged. The statute of limitations varies depending on the title, which can be from one to ten years.
In the literal sense of the word, claim is the right that one believes one has to something. Therefore, if we analyze only from the perspective of the literal meaning of the word, at no time does it say that the claim is the right to demand judicially. This is because the fact that the debt is prescribed does not mean that it does not exist, but it guarantees the creditor the right to file or not a lawsuit against that credit.
It is still necessary to clarify that there are several guiding principles of law, and many of them, surprisingly, aim to protect the debtor. In other words, what we conclude is that, for many, debt pays off. And more than that, there are those who cling to the idea that “after five years you will be debt free” and with that, you become a carefree debtor who lives in a vicious cycle of acquiring debts that after five years will be “forgiven”. Therefore, it is very easy to be a debtor in Brazil. There is protection for this type of repeated behavior and which is now endorsed by the judiciary.