Prescripción de las acciones

Abstract

The liberatory action or statute of limitations is a legal and constitutional way to extinguish the obligations. The time and the inaction of the right holder concerned constitute basic conditions. Declared the prescription, the obligation becomes natural. This institution is based on aspects of public and social order linked to the need for legal certainty. The statute of limitations is generally alleged as the exception at the moment of answering the demand, but it can be deducted as an action and still as an incident. In our legal system requirements exist prescriptions of short, medium and long term, as well as inalienable actions to guardianship higher duties or legal interests. They are regulated in the Constitution, but they have a greater presence in codes like the Civil C. and the COIP, reason why, and are more the legal prescriptible actions than the constitutionals. Likewise, most are the inalienable constitutional actions, than the legal, in order to ensure fundamental rights. Their excessive number causes insecurity in Judges, lawyers and citizens, so it is desirable to reduce their number, simplify and standardize them.