Abstract
In “presumptive prescriptions”, the assumed fact is not only the performance of the obligation but also any means of extinguishing the obligation provided by law. Consequently, a debtor who brings a set-off counterclaim does not assert a defense inconsistent with the claim of presumptive prescription. However, critical issues remain when defendants are the heirs of the original debtor and such defendants are unable to confirm by oath that they are aware of facts which extinguish the original obligation.
| Translated title of the contribution | [Autom. eng. transl.] "Presumptive prescriptions", methods of extinction other than fulfillment, subject of the decisive oath |
|---|---|
| Original language | Italian |
| Pages (from-to) | 1927-1937 |
| Number of pages | 11 |
| Journal | RESPONSABILITÀ CIVILE E PREVIDENZA |
| Volume | 2022 |
| Publication status | Published - 2022 |
Keywords
- eccezione compensazione
- giuramento decisorio
- prescrizioni presuntive