Efectos de la interrupción de la prescripción en el proceso no penal actual.

Abstract

Statute of limitation is a legal figure in charge of finishing, ending or as its name leads, extinguishing obligations when a certain time elapses, granting legal certainty to certain situations that the law must regulate to contribute to the social order. The civil interruption of the prescription was foreseen to be through the service of the complaint, an act where the defendant was formally informed of the content of the corresponding initial request and also of all the pertinent provisions of the process. Thus, in the Litis, once the person was served, he had his right of contradiction which meant he could answer to the complaint, and every time he was summoned, the prescription of any obligation was interrupted. Currently, the General Organic Code of Processes was reformed, where it was established that if the complaint is served within six months of filing, the interruption is rolled back to the moment it was filed, however, there are certain issues of this reform that must be analyzed and that is what this paper develops.