Publication at Faculty of Law |
2020
Abstract
The prescription of right is not a surprising consequence, but a completely legitimate and legal consequence of the futile expiry of the relevant period; is an important pillar of legal certainty. The aim of this paper is rather a current reflection on situations where this unwavering and foreseeable consequence loses its legitimacy and therefore needs to be averted, but also on situations where the loss of legitimacy is only apparent and where its effects need to be maintained.