期刊名称：Collected Papers of the Law Faculty of the University of Rijeka
印刷版ISSN：1330-349X
电子版ISSN：1846-8314
出版年度：2012
卷号：33
期号：1
页码：187-204
出版社：Pravni fakultet Sveučilišta u Rijeci
摘要：The authors analyse the permissibility of ex officio settlements of the prescribed claim according to the general rules on prescription contained within the Civil Obligations Act. They single out rules under the Article 222, 240 and 220 of the Civil Obligations Act and compare them with rules which govern this issue on comparative legal level. A comparison has also been made with respect to the rules from the Draft Common Frame of Reference of a European Private Law and Lando’s principles. Furthermore, the authors discuss the effects of dispositions by the parties on permissibility of ex officio settlements of the prescribed claim. Civil obligations rules which govern the material prescription are scrutinised in regards to rules on rights in rem regulating the assurance of claim by pledge. In their final remarks, the authors present conclusions and suggest solutions de lege ferenda.
关键词：prescription; right of pledge; ex officio settlement.
