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THE STATUTE OF LIMITATIONS FOR THE LEGAL ACTION TO CLAIM THE COLLECTION OF ACCRUED LEGAL ALIMONY
This paper analyzes the new art. 19 bis of the Act No. 14.908, which establishes a limitation statute rule for accrued legal alimony collection. Until before this rule came into force, the limitation statute for this action was subject under the general provisions of the Civil Code, with different solutions in some matters, according to the case law analyzed from our courts, what was intended to be improved with the new rule. However, after this revision, we observe that some doubts persist, basically in relation to the calculation of the limitation period start, its interruption, and its suspension in favor of the person receiving the support, all which we intend to clarify.
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INTERRUPTION OF THE LIMITATION PERIOD AND MAIN ASPECTS IN THE ITALIAN CIVIL CODE
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.
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THE BEGINNING OF THE COMPUTATION OF THE LIMITATION PERIOD IN INHERITANCE LAW
The general rules regarding the start of the computation of the term are found in arts. 2514 and 2515 of the Civil Code. From the reading of these two provisions, the beginning of the limitation period is counted from when the obligation becomes enforceable, following an objective criterion. Said principle is not necessarily applicable in the prescription of actions in succession law, since, in said discipline, for a limitation period to begin to run, the opening of the succession is required, which occurs with the actual death or alleged of the deceased, followed by the denunciation of the assignment, as justified by certain and determined actions in the field of inheritance law.
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THE DIES A QUO ON EXTINCTIVE PRESCRIPTION IN THE CONTEXT OF DAMAGES ARISING FROM DEFECTIVE SANITARY PRODUCTS. A COMPARATIVE APPROACH
The extinctive prescription of the action for compensation for damage caused by defective medical devices is characterized by the complexity involved in determining the moment from which the period begins to run. This problem invites us to reflect on whether the computation of the limitation period will start from the consumption of the drug, or from the moment the damage manifests itself. In this paper, we propose to make a comparative exposition of the matter by reviewing our legal system, the French and the Spanish ones.
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ABOUT START RUNNING OF LIMITATION ACTIONS FOR BREACH OF CONTRACT
The enforceability rule to establish the computation of the extinctive prescription period constitutes the general rule in the law of obligations.
Its traditional interpretation assumes it as a simple matter, the exception of which is the obligation subject to a term or condition precedent. The existence of the credit and the action for its execution or fulfillment constitute the essential trace for its understanding. However, as will be demonstrated in this work, this understanding is not satisfactory, at least in its traditional understanding, to set the time of the prescription of the indemnity action derived from breach of contract. It will be reasoned and concluded that the indemnity action for breach of contract will not apply without the manifestation of the damage.
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Some notes on applicable jurisprudential trends to the regulation of arbitration established in the comprehensive treaty and progressive trans-pacific association (CPTPP / TPP-11)
This paper aims to provide an overview of the case-law trends of international investment tribunals, concerning the provisions governing the dispute resolution mechanisms for conflicts arising between investors and States in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. In particular, these notes address investment arbitration and are intended to provide notions regarding its preliminary requirements; the period of limitation of claims; waivers as a mechanism to ensure the exclusivity of arbitration; and; the possibility of Host States to file counter-claims.