220 ELENA-CRISTINA SAVU
circumstances which, if known by the insurer, would have determined not to give
the consent or not to give it in the same conditions, regardless of their influence on
the occurrence of the insured risk4. Thus, the finding of bad faith in these
circumstances is not subject to any limitation period.
The material right to action on the debt rights of accessories that may arise
from insurance relationships, namely contractual/statutory or legal interest,
expires with the right to action on the principal right.
In the current regulation, the prescription does not operate de iure5, and the
competent jurisdiction body cannot apply the prescription ex officio6. As the
previous regulation (Decree 167/1958 on extinctive prescription) had a
diametrically opposed approach - the court may invoke the exception of the
limitation period of its own motion - at present, the party having an interest in
invoking it has to take due care by invoking it under the procedural conditions
prescribed by the Civil Code7.
In the field of insurance, we have a special 2-year limitation period, derogating
from the 3-year general limitation period, applicable to the right of action based on
an insurance or reinsurance report8, which was also stipulated in the old art. 3 al. 2
of Decree no. 167/1958. With regard to this special limitation period, we
emphasize that this is an imperative term on which the parties to the insurance
contract cannot derogate, in the sense that they cannot increase or decrease it or
modify the way this period runs (the prescription course) in the sense that they
cannot fix another moment of beginning of the term than that prescribed by the
law nor modify the causes of suspension or interruption of prescription, any clause
in this regard being affected by absolute express nullity9.
4 See Art. 2204 Civil Code: Inaccurate statements or risk reluctance
5 Art. 2506 Civil Code: The effects of prescription fulfilled
(1) The prescription does not operate fully.
6 Art. 2512 Civil Code: Invoking the prescription by the interested party
(1) The prescription may be opposed only by the person for whom it flows, either personally or
through a representative, and without having to produce any contrary title or be in good faith.
2. The competent jurisdiction body may not impose the limitation period of its own motion.
3. The provisions of this Article shall apply even if the invocation of the limitation period would
be in the interest of the State or its administrative-territorial units.
7 Article 2513 Civil Code: The time at which the prescription can be invoked
The prescription may be opposed only in the first instance, by way of a pleading, or, failing that,
at the latest at the earliest possible period of time to which the parties are legally cited.
8 See Art. 2519 Civil Code. 2-year limitation period
9 Art. 2515 Civil Code: Extinctive prescription rules
(1) Extinctive prescription is regulated by law.
(2) Any clause by which either a direct or indirect action would be declared imprecise, although
it is prescriptive according to the law, or vice versa, an action declared by an imprecise law would be
(3) However, within the limits and under the conditions laid down by law, parties with full
exercise capacity may, by express agreement, modify the length of limitation periods or alter the