La prescripción extintiva de obligaciones solidarias

Abstract

From a historical evolutionary perspective, we seek the best approach in order to determine which are the long term effects of the extinctive prescription among cosigners, regarding the different positions known on this matter. Whit such purpose in mind we will analyze the public order as the main element of the prescription, its juridical nature, the effect of the interruption, the thesis that considers that the real condition of the exeption, without distinguishing who formulates it, annihilates the deed totally, and the position of those who believe that the benefit is on request count. We also in quire about the extinction of the jurisdiction, and the need of calling upon it, we will, study separately the interruptive effect of the exchanging action, in order to come to the conclusion that the theory that governs such institutions follows public order laws, not consideration which denature the normative judgment and the juridical safety.