Tuesday, April 17, 2012

Prescription and Expiration in law


The work done contains information about prescription and expiration and the differences between each other. There are two types of prescriptions, negative prescription, extintive or liberatory and positive or acquisitive.
            Positive prescription is a way of obtaining property with the passing of time and other requirements established by law. Negative prescription is a way of extinguished an obligation with the passing of time and negligence from the creditor. Time in both should pass without an interruption or suspension. The monistic theory says that this difference between prescriptions does not exist, the theory has been strongly refuted by the doctrine. 
            Expiration is the time available to exercise a right or do an action. The time should also pass without being interrupted.
            Prescription and expiration are often confused in real life practice, differences between themselves are few, they are really alike given to the fact that both have as a big factor time and the lost of a right. It is important to mention that they are different.


Done by Eric Fernandez

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