Keywords
prescription to acquire
prescription to extinguish
prescription ordinary
prescription extraordinary
prescription suspension
prescription interruption
prescription short period
prescription long period
How to Cite
Abstract
The new prescription regime in Colombian civil law, according to the changes enacted by the law 791 of 2002, is oriented towards the reduction of times of prescription in order to make more operative this figure in a changing world.
It was also adopted a coherent system of interruption and suspension which in general terms introduces reasons of interruption and suspension of prescription which in doctrine and foreign legislations were recognized before.
Thus, ordinary prescription to acquire (“usucapio”) is now of three years for mobile goods and for immobile goods (real state) is now of five years (before was of ten years). And the extraordinary is now reduced from 20 to 10 years.
According to the suspension of ordinary prescription to acquire (extraordinary is not possible of suspend) it was established to protect incapable persons, between the beneficiary heir and the will and among those who manage alien patrimonies and the owners of those patrimonies. It was eliminated the prescription among husband and wife and was established that it is not possible to count the time of prescription against someone who is not able to use his right meanwhile this impossibility remains.
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