Breves comentarios a las reglas vigentes para el cómputo de plazos o términos de origen legal
The Colombian Congress has been adopting different parameters that modified the calculation of statutes of limitations contained in the law, but in a manner which is partial and non conclusive, making room for discussion and debate for academics and generating case law that apply those rules disrega...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Externado de Colombia
2013
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4423823 |
| Source: | Revista de Derecho Privado, ISSN 0123-4366, Nº. 24 (Enero-junio), 2013, pags. 283-326 |
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| Summary: |
The Colombian Congress has been adopting different parameters that
modified the calculation of statutes of limitations contained in the law, but in a manner
which is partial and non conclusive, making room for discussion and debate for
academics and generating case law that apply those rules disregarding conceptual
ambiguity and improper law drafting technique. This paper shows the existence of
several parameters distributed on many legal statutes and the need for interpretation
and integration of those parameters in order to grant legal certainty and security for
the calculation of statute of limitations and terms under a democratic and social rule
of law. The articulation of all dispositions on this field closes loopholes on legislation
allowing correct computation of legal terms of hours, days, months and years. Finally,
rules and principles for the calculation of time limits and terms are analyzed in a case
by case basis in order to provide guidance for lawyers and judges. |
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