INVOCAREA DIN OFICIU ȘI ÎN ORICE FAZÃ A PROCESULUI A INCIDENȚEI PRESCRIPȚIEI EXTINCTIVE ÎNCEPUTE ÎNAINTE DE INTRAREA ÎN VIGOARE A NOULUI COD CIVIL

Examining art. 201 of Law No. 71/2011 for the implementation of the new Civil Code (Law No. 287/2009, republished on July 15, 2011) in conjunction with art. 6 paragraph (4) of the said Code, the author concludes that judicial bodies (judiciary authorities and arbitration courts) can, ex officio and at any stage of the trail, claim the limitation periods that have begun under the former regulation (Article 18 of Decree No. 167/1958) as well, regardless of whether such limitation periods have been met or not until the entry into force of the new Civil Code; subsequently, only the limitation periods which have begun after October 1st, 2011 (the date of entry into force of the new Civil Code) shall be able to be claimed exclusively by the interested party and only until the first term the parties were duly summoned at (this according to art. 2513 of the new Civil Code).