El abandono y prescripción de las acciones en el proceso civil

Abstract

The present investigation, that takes by title "The Abandonment and Limitation of actions in the Civil Process", explain generally and clear as operate within our legal system, these two legal figures present common aspects: over time and the inaction of the rightholder. In this sense the abandonment is the lack of action of part of the subject rightholder in an already fixed and peremptory time, abandonment must be declared by part of Judge either at the request of part or ex officio. La prescription, a right is acquired or is released of an obligation losing its nature of legal duty and transforms into natural obligation. There that bear in mind that the legal institution of abandonment, once is declared by the Judge, the right is extinguished and therefore the action is extinguished, in change in prescribing the action is extinguished but more not the right. In the abandonment will seek what their elements, the effect of abandonment, time of abandonment, before was eighteen months since last diligence practiced at trial, or since the last request or claim, but currently had a discrepancy in the contents of Art.246 of COGEP because not was said of clear form from when the term of abandonment is counted, they had three aspects, but Resolution 07-2015 of the National Court of Justice is issued, same pointing, is by the course of the term than eighty days from notification of the last relapse providence in some management or procedural, useful to give course the process acting. As for the prescription topics as classes of prescription, actions that prescribe and the actions that do not prescribe and the differences that exist between prescription and abandonment will seek.