PRESCRIPTION and DECADENCE - Concept, Differences, Deadlines and Examples (Civil Law)

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Me Julga - Cíntia Brunelli

Published on Jun 27, 2023
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⚖️ FIRST STEPS IN LAW: the method for those who want to learn Law in a simple and objective way (without pulling your hair out because of boring classes or confusing books). ???? REGISTRATION through the website: https://cintiabrunelli.com.br/direito ⚖️ Read the book INTRODUCTION TO THE WORLD OF LAW and learn, in one afternoon, what Law students take 6 months to learn in college. ???? BUY THE BOOK through the website: https://cintiabrunelli.com.br/intro ❤️️ MY WEBSITE: https://cintiabrunelli.com.br ???? TELEGRAM Group: https://t.me/cintiabrunelli ???? INSTAGRAM: / me.julga ???? EMAIL: [email protected] ???? Also subscribe to the NOVATOS DO DIREITO channel: / @novatosdodireito I will explain what Prescription and Decadence are, bringing the concept, the main differences, the deadlines and many examples, for you who are learning Civil Law. Prescription and decadence are subjects that generate many doubts in law students, but it is quite simple to understand the differences between these two institutes. Both Prescription and Decadence have to do with the deadlines that a person has to assert their rights. The period of time that a person has to file a lawsuit is usually referred to as the prescriptive term and the forfeiture term. Prescription is the extinction of the right to action, and forfeiture is the loss of the right itself. What is Prescription? There are situations in which the law sets a deadline for filing a lawsuit to guarantee a right. And then, when the deadline passes, without the filing of a lawsuit to demand that the obligation be fulfilled, the claim is extinguished by prescription. The law provides for several different deadlines, which are in articles 205 and 206 of the Civil Code. The longest possible deadline in the Civil Code is 10 years. What is Forfeiture? Forfeiture refers to the loss of the right itself, due to the lack of action by the holder, during the term provided for by law. When forfeiture occurs, the person no longer has the right. In forfeiture, we always have a potestative right. The forfeiture can be legal or conventional - That is, it can come from the law or it can be extended by the will of the parties (in a contract, for example). The extended warranty is a conventional forfeiture period. Prescription periods, on the other hand, cannot be extended by the will of the parties. Only what is in the law is valid. To sum it all up: prescription is the loss of procedural rights, and forfeiture is the loss of material rights. Enjoy the video! =================================== COMMON SEARCHES: 1 - PRESCRIPTION and FORFEITURE - Concept, Differences, Deadlines and Examples (Civil Law) 2 - Prescription and Forfeiture: definition, when it occurs and deadlines 3 - What are the differences between prescription and forfeiture? 4 - Decadence and prescription in Brazilian law #CintiaBrunelli #CivilDirection #CivilCode ===================================== --PLAYLISTS I RECOMMEND-- INTRODUCTION TO LAW • • INTRODUCTION TO LAW: Easy and... NOTIONS OF PROCESS - PROCEDURAL LAW: • • NOTIONS OF PROCESS - PROCEDURAL LAW THEORY OF LAW - POLITICS, CULTURE AND LEGAL PHILOSOPHY • • THEORY OF LAW - POLITICS, CULTURE... CIVIL, FAMILY AND CONSUMER LAW: • • CIVIL, FAMILY AND CONSUMER LAW... ===================================== --VIDEOS I RECOMMEND-- INTRODUCTION TO LAW: Easy to Understand Step by Step (Complete Class) • • INTRODUCTION TO LAW: Step by Step ... WHAT IS LAW SCHOOL LIKE? • • WHAT IS LAW SCHOOL LIKE? Still... HISTORY OF LAW: summary of each historical period • • HISTORY OF LAW: summary of each p... HOW TO LEARN LAW FASTER starting from SCRATCH • • How to learn Law FASTER, me... TIPS FOR BEGINNERS in the LAW course: • • TIPS FOR BEGINNERS IN THE LAW COURSE... ARTICLE, CAPUT, PARAGRAPH, CLAUSE, LINE AND ITEM • • Article, Caput, Paragraph, Clause, Line... 10 EXPRESSIONS OF LAW that every student NEEDS TO KNOW • • LAW: the 10 Words and Expressions ... ======================================= ABOUT THE CHANNEL Cíntia Brunelli explains Law in a simple way and helps you study better. This channel is aimed at law students, future college students, beginners taking civil service exams or those interested in learning about law to understand the news about the legal field. In her videos, she also talks about how she passed civil service exams while still in college, how she studies to learn faster and several ways to do well on exams and get questions right. 00:00 Like it! 01:00 Not a subscriber yet? Subscribe :D 02:00 Special Links in the Description

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