Aspecte particulare de aplicare în timp a legii civile sau procesual civile în cazul prescripţiilor

PETER ANTAL LEVENTE*

* e-mail: peteralevente@yahoo.com

Judecător - Judecătoria Miercurea-Ciuc

ABSTRACT

In the Romanian civil law and civil processual law there are several particular situations that raise problems in terms of application in time of the civil law and of the civil processual law, especially in case of prescriptions, both to the extinctive prescription and to the acquisitive prescription. It is noted the fact that, in case of prescription of execution, the provisions of processual law are supplemented with the provisions of substantive law, therefore the conflict of laws in time arises not only between the civil procedure rules, but at the same time between the rules of civil material law as well.

As regards the acquisitive prescription, the conflict of laws arises, in particular, between the provisions of the Decree-Law No 115/1938 and those of the Civil Code of 1864, and the...