Lapsing and prescription in civil law: seeking a functional distinction

Authors

  • Thaís Fernanda Tenório Sêco

Keywords:

Prescription, Lapsing, Functionalization, Civil-constitutional law.

Abstract

As there is no distinction between lapsing and prescription on 1916 Brazilian civil code, and for the flexible distinction there is in the actual system, we sustain that a “late positivation” happened in what concerns this question with impacts on the way doctrine sees it. Other institutes came over the jusnaturalism to the exegese, getting on to contemporaneous methods, as the civil-constitutional approach. About the distinction between lapsing and prescription, although, prevails some astonishment since we cannot know if the legislator power on the theme its full or no. The study seeks to attract the problem to the civil-constitutional assumptions investigating its possible function, trying to comprehend it from the doctrinal legacy on the subject

Published

2017-07-13

How to Cite

Sêco, T. F. T. (2017). Lapsing and prescription in civil law: seeking a functional distinction. Revista Brasileira De Direito Civil, 3(01). Retrieved from https://rbdcivil.ibdcivil.org.br/rbdc/article/view/110