Ursprung und Begründung der Verjährung in historischer Sicht

In: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung, Band 132, Heft 1, S. 511-526

Abstract

Abstract
Origine and rationale of the limitation period in historical perspective. Based on existing understanding of Roman law, this study shows how important the evolution of the rationale of the limitation period has been. At the beginning, silence had been considered as a presumption of extinction of a real right; it developed quickly into a kind of sanction of a negligent inaction. The limitation period was also considered as easing a more efficient administration of justice. The further evolution shows however that the limitation period was justified by the idea that the creditor was presumed to have renounced to its right, first to its substantive right, then to its right of action only. This opened also the way for Savigny to stress that a limitation period is primarily a matter of the parties. The various rationale for the limitation period should lead us to consider again with more attention its purpose, among other issues for the limitation period of "late damages".