The people of Rome, like other empires, before the formation of the state court experienced a period of spread of private reprisals against individuals who violated someone else’s rights. Everyone who believed that his interests were infringed dealt with the perpetrator on his own. During the development of society, this form of reprisal became intolerable.
The transition from a private form of proceedings to a state court was carried out gradually. The previous stages were the introduction of a system of regulating self-righteousness by establishing a special procedure for applying violence to offenders, then the possibility of redemption (voluntary, and then mandatory) was approved. And in the end, they adopted the provision that all cases should be considered by state bodies.
Thus, individuals have the right to file claims. They could contain various requirements. The main claims were considered violations of property and obligation rights. However, the issue of the period during which claims could be declared remained unresolved. The limitation period is the established period during which a person has the opportunity to apply for the protection of his right that has been violated. The course of this period begins from the moment the claim appears. Consider further the concept of limitation
Roman law
In the classical doctrine, special conditions were not developed that would limit the ability to submit an application. There were only special dates for certain transactions. However, they were not defined as limitation period. In Roman law, these were the periods during which this or that opportunity acted. For example, the guarantee was valid for 2 years. In classical law, therefore, all claims had no time limit and were recognized as permanent.
Introduction of the term
The statute of limitations in Roman law appeared during the reign of Justinian (5th century A.D.). Then a large-scale legal reform was carried out. Statute of limitations in Roman law, thus, was established for personal and property claims for up to 30 years. In special cases, legislation defined a period of 40 years.
The passage of time
The statute of limitations in Roman law began:
- Under the obligation not to perform any action from the moment of its non-fulfillment and implementation of activities, despite this promise.
- For property claims - from the date of violation of property rights.
- Under the obligation to carry out any activity - from the moment the opportunity arises to demand the implementation of the promise immediately.
Classification
The full limitation in Roman law is the time during which the obligation as a whole was repaid. Partial was considered the period during which the penalty requirement for non-fulfillment of the condition was recognized as used, but at the same time the opportunity to request execution, return of the thing, and so on remained. The statute of limitations in Roman law became extinguished if, within the prescribed period, the person did not try to present a claim to the obligated or guilty.
Pause period
The statute of limitations in Roman law could be suspended for good reason. For example, such circumstances included:
- Failure of an authorized person to come of age.
- Legal barriers that prevented suing. For example, the successor requested a deadline for the preparation of hereditary equipment.
- Severe illness authorized.
- Lack of obligation (defendant) in respect of which a claim should be made.
- Being authorized in captivity and so on.
When obstacles were removed, the term was renewed. At the same time, the remaining period increased by the time of suspension.
Termination
This was the case if the obligated person recognized the right to be authorized or if the latter committed any actions that indicated his desire to realize his legal opportunity. The first situations include:
- Payment of interest according to the obligation.
- Partial repayment of debt.
- Appeal to the creditor for a deferment.
As actions of a person who indicate a desire to seize a legal opportunity, one can, for example, include the direct filing of a claim. When the period was interrupted, the elapsed time before the break was not included in the prescriptive time, and its course was resumed again.
Inheritance
In claims arising from this right, there was a special regulation of limitation. For example, it was considered unlimited the opportunity to file a claim for the restoration of succession. Legal grounds were maintained throughout the life of all generations that could inherit by right of representation or directly.
Period action
At the end of the limitation period, the defendant had the opportunity to oppose the concept of any attempt by the creditor (plaintiff) to realize in court the claims that have already been paid. But the person who examined the disputes, on their own initiative, could not take into account the past period, if the obligated did not require this. The act acted as follows:
If the legal grounds for the claim were property law, then it destroyed only the claim proceeding from this right, and it continued to operate.
As for the action of the concept of acceptance regarding obligations, it is not completely clear. In accordance with a number of sources, at the end of the limitation period, the payment of a debt acts as a payment of the "undue". Thus, condicttio indebiti arose. In this case, the security right continued to exist after the expiration of the primary obligation until the security limitation expired.
Features
According to the general order, the limitation of actions did not concern the action of exception. This is due to the fact that the latter could be declared only when the creditor's claim was presented. An exception was cases when a person could file a claim and an exception, but at the same time neglected the first right.