INTERRUPTION OF THE LIMITATION PERIOD AND MAIN ASPECTS IN THE ITALIAN CIVIL CODE

Abstract

After a systematization of the regime of limitation period in the Italian Civil Code, the paper carries out a brief parallelism between its suspension and interruption in order to subsequently focus on the study of the main doctrinal and jurisprudential questions that have characterized interruption. With particular interest, the moment from which the prescription is considered interrupted and the nature of the rights involved will be studied, as well as the specific case of the protection in case of lack of conformity in the contract of sale. It is emphasized that the study of the doctrinal formant and the jurisprudential formant is necessary for the correct understanding of the regulations and that at there can be a reciprocal interaction between doctrinal and jurisprudential formants also due to the shaping of access to the judicial system. The paper provides also some clues to resolve certain problems that arise in the Chilean legal system, with particular attention to the interruption of the limitation period.