Comparison between the legal regime of the extinctive prescription in Romanian civil law and fiscal law

AuthorSilvia Lucia Cristea
PositionBucharest University of Economic Studies, Law Department
STUDIES AND COMMENTS
Comparison between the legal regime of the extinctive prescription
in Romanian civil law and fiscal law
Professor Silvia Lucia CRISTEA
1
Abstract
This article analyses the institution of the extinctive prescription, first synth esizing
the common law stated by the Romanian Civil Code (Section I) and then the special
regulation given by the Romanian Code of Fiscal Procedure (Section II) in which we
differentiate between the particular legal regime of the extinctive prescription in the area of
the rights o f claim (Section 2.1-2.2), in the area of the right to initiate the foreclosure
(Section 2.3), and in that of the right to ask for compensation and restitution (Section 2.7).
The comparison between the legal regime of the extinctive prescription in civil law and i ts
regulation given by the fiscal law it is stated b y the last section, structured into similarities
and differences.
Keywords: civil law, tax law, extinctive prescription, comparison.
JEL Classification: K34, K40
1. Extinctive prescription in the civil law.
Notion, regulation, functions, purpose, effects
1.1 Notion
The extinctive prescription is a legal mean of settling the obligations as an
effect of the passage of time; the creditor who does not act in a certain period of
time in order to fulfil his subjective right to claim shall lose the protection given by
the law, namely his right to legal action
2
. After the passage of the time established
by the law, the debtor cannot be forced, legally, to perform his obligation, because
the subjective right of his creditor does not enjoy anymore the legal sanction
represented by the legal action.
As a mean of extinguishing the obligation, the extinctive prescription has
as effect the loss of the right to action, in the material sense, but not the extinguish
of the subjective right of the creditor; only that after the expiration of the extinctive
prescription, the debtor shall perform the obligation if he wants to do so.
1
Silvia Lucia Cristea Bucharest University of Economic Studies, Law Department,
silvia_drept@yahoo.com.
2
Silvia Lucia Cristea, Dreptul afacerilor, third edition, revised and enlarged, Universitara Publi shing
House, Bucharest, 2012, p. 229.

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