The key issues in the longed-for reform of the legal regime of prescription: claim as object and efficacy ex voluntate

Abstract

This work begins with an examination of what is probably the most debated question in the doctrinal discussion on extinctive prescription: what is extinguished by prescription? The choice of the object of extinctive prescription as the starting point of this work is not a random or arbitrary decision. The question of the object must govern all research on extinctive prescription, since the very concept of the institution, as well as its effectiveness, will depend on which that object is. All these aspects will be addressed in this work.