PRESCRIPTION AND BOOK VIII TITLE I REVOCATION
PRESCRIPTION
EXTINCTIVE
(Articles 1989 to 2002)
Article 1989 º .- Definition. Prescription extinguishes
action but not the law itself.
Article 1990 º .- No Waiver of the right to prescribe.
prescribe the right is absolute. Agreement is void if designed to prevent the effects of the prescription.
º .- Section 1991 Waiver Prescription won.
may expressly or impliedly waived the requirement already won.
is understood that there is implied waiver when the execution of an act incompatible with the desire to promote the prescription.
º .- Section 1992 Prohibition officially declare the prescription.
The judge can not base their decisions on prescription if you have not been invoked.
Article 1993 º .- Starting prescriptorio decursar.
The prescription begins to run from the day you can continue the proceedings and against the successors of the right holder.
Article 1994 º .- Suspension of prescription.
prescription was suspended:
1. When unable not under the care of their legal representatives.
2. Between spouses for the duration of the conjugal partnership.
3. Among those included in Article 326 º.
4. Between children and their parents for custody or guardianship.
5. Among the incompetent and their guardians, during the exercise of guardianship.
6. During the time between the request and appointment of guardian of property, where it comes from.
7. Legal entities and their managers while they continue in the exercise of office.
8. While it is impossible to claim the right to a Peruvian court.
Article 1995 º .- prescriptorio Resumption of cultural politics. Missing
the cause of the suspension, resumed its course requirement by adding the previous time.
Article 1996 º .- Interruption of prescription.
prescription is interrupted by:
1. Recognition of the obligation.
2. Injunction to be in arrears to the debtor.
3. Subpoena demand or other act by which the debtor is notified, even if it has gone to a judge or incompetent.
4. Oppose judicial compensation.
Article 1997 º .- Cases of ineffective interruption.
disruption has no effect when:
1. We prove that the debtor was not summoned to the demand or was not served with any of the other acts referred to Article 1996, subsection 3.
2. The actor is withdrawn the demand or of the acts with which he has served on the debtor, or where the defendant withdraws counterclaim or exception that has opposed the compensation.
3. The proceedings closed by default.
Article 1998 º .- prescriptorio decursar Reset.
If the interruption occurs for the case under Article 1996, clause 3 and 4, the prescription begins to run again from the date on which the resolution terminating the process is final.
º .- Section 1999 Allegation of suspension and interruption.
The suspension and interruption can be claimed by anyone who has a legitimate interest.
Article 2000 º .- Principle of legality in terms prescriptorios.
Only the law can set limitation periods.
Article 2001 º .- prescriptorios Deadlines.
prescribe, unless different from the law:
1. After ten years, the personnel action, real action, which comes from an execution and the invalidity of the act.
2. At seven years, the action for damages arising for the parties to the violation of a simulated act.
3. After three years, the action for payment of compensation for services rendered as a result of link does not work.
4. At two years, the action of nullity, revocation action, which comes alimony, an action for damages in tort and the corresponding anti unable representatives from the exercise of office.
Article 2002 º .- prescriptorio decursar Compliance.
prescribing occurs arrears on the last day of term. PART II
EXPIRY
(Articles 2003 to 2007)
Article 2003 º .- Definition.
Abatement extinguishes the right and appropriate action.
Article 2004 º .- Principle of Legality in the limitation period.
The limitation periods are set by law, without admitting agreed otherwise.
Article 2005 º .- Continuity of revocation. Expiry not supported
interruption or suspension, except as provided in Article 1994. Item 8.
Article 2006 º .- Statement of revocation.
Forfeiture may be declared ex officio or upon request.
º .- Section 2007 Compliance cultural politics in the forfeiture.
Forfeiture occurs after the closing date, although this is a holiday.
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