The Civil Code Catalan

Following with the subject of the prescription wanted to treat the subject of the Civil Code Catalan that has different characteristics in this regard not having to forget that said juridical body is an integrated legal body, that is to say, that when interpreting the civil right of Catalonia have to take the civil jurisprudence of the court of Cassation of Catalonia  and the one of the Upper court of Justice of Catalonia with vocation of common right in Catalonia ( no the Civil Code Spanish )  and like this has it , applying of form supletoria to the other laws. It is important this data as if in the rest of Spain the Mercantile Code would have like legislation supletoria the Civil Code of 1889 , in Catalonia would be the current Codi civil.
For but abundamiento, in his articulate 111-5, promotes this preference and declaring the right supletorio ( reference to the common civil right Spanish ) as only in force and councillor if it does not contravene the disposals or general principles of the civil right Catalan
 
The general Principles of the civil right Catalan turn source of the right
 
The civil right Spanish has modified the prescription, basic element of the right and that it is of enormous importance for the profession of lawyer. The Códi Civil Catalan is still in reality the old Spanish tradition although it shortened the terms, establishing ten years like general term ( art 121-20),prescription trienal (121-21) and annual. The interruption is in the Códi  of analogous form to the traditional Spanish that gives me look but a caducity or mixed element  that a prescription to tenor of the pretended by the legislator.
We see :
 
Law 29/2002, of 30 December, first law of the civil Code of Catalonia.
 
 
 
Title II
 
The prescription and the caducity
Chapter I
 
The prescription
FIRST section
 
General disposals
Article 121-1 Object
The prescription extinguishes the relative pretences to available rights, so much if they exert in shape of action as if they exert in shape of exception. It understands by pretence the right to demand of another person an action or an omission.
Article 121-2 no prescriptible Pretences
They do not prescribe the pretences that exert by means of actions merely declarative, included the action of statement of quality of heir or heiress; the ones of division of common thing; the ones of partition of inheritance; the ones of delimitation of fincas adjoining, neither the ones of elevation to public writing of a private document, neither neither the relative pretences to rights indisponibles or those that the law exclude on purpose of the prescription.
Article 121-3 Imperatividad
The norms on prescription are of imperative nature. However, the parts can pactar a shortening or an elongation of the no upper term, respectively, to the half or to the double of the that is legally established, as long as the pact do not comport indefensión of any of the parts.
Article 121-4 Allegation
The prescription can not be appreciated of job by the courts, but it has to be alleged judicial or extrajudicialmente by a person legitimated.
Article 121-5 Legitimación
They can allege and do cost the prescription:
 
To) The people obliged to satisfy the pretence.
 
b) The third people prejudiced in his legitimate interests by the fault of opposition or by the renunciation to the prescription consummated, except if it has recaído firm sentence on the same.Article 121-6 People in front of which the prescription produces effects
1. The prescription produces effects in damage of any person, save in the cases of suspension.
2. The person title of the pretence prescribed has action to demand the resarcimiento of the harms that derive of the same to the people to which are imputable.
Article 121-7 Succession in the prescription
The course, the interruption and the suspension of the time of prescription benefit or prejudice, as it proceed, to the person that suceda to which had the active or passive position of the juridical relation that originated the pretence.
Article 121-8 Effects
1. The effect extintivo of the prescription, once alleged and appreciated, produces when it fulfils the term.
2. The extinction by prescription of the main pretence extends to the guarantees accesorias, although it have not passed his own term of prescription.
Article 121-9 Irrepetibilidad
It can not repeat the payment effected in fulfillment of a pretence prescribed, although it have done with ignorance of the prescription.
Article 121-10 Renunciation
1. The renunciation anticipated to the prescription is invalid, although the made in the course of the term of prescription produces the effects of the interruption.
2. Any person obliged to satisfy the pretence can renounce to the prescription consummated.
3. Any incompatible act with the will to do cost the prescription supposes to renounce to the same.
4. The renunciation, effected válidamente, to the prescription consummated leaves subsistente the pretence to that refers , but does not prevent the future prescription of the same.
 
Section SECOND
 
Interruption of the prescription
Article 121-11 Causes of interruption
They are causes of interruption of the prescription:
 
To) The exercise of the pretence in front of the courts, although it was desestimada by procedural defect.
 
 
b) The home of the relative referee's procedure to the pretence.