Abstract

HERNANDEZ TOUS, Alfonso. Effects of conciliation request before prescription. Opin. jurid. [online]. 2010, vol.9, n.18, pp.161-172. ISSN 1692-2530.

This article proposes an interpretation scheme for Article 21 of Law 640, 2001; a law dealing with effects of the way conciliation requests are submitted before prescription and expiration of the eventual judicial action to be established when there is a possibility not to reach an agreement within a conciliation procedure. Several legal interpretation methods currently accepted are used for this purpose: literal or grammatical, systematic, historical, and teleological. Use of these four methods makes us conclude that such Law dealt with interruption of prescription and expiration and not with suspension, as it was erroneously expressed in it. Effects of this interpretation are important because interruption implies that the term for operation of prescription or expiration of judicial action starts again after conciliation request is submitted, which has an effect on the basic right of the person involved to have access to Justice Administration.

Keywords : Expiration; prescription; suspension; interruption; request and extrajudicial conciliation.

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