Noilguma regulējums Latvijas civiltiesībās

Extinctive prescription is a universally recognized mechanism to terminate obligations. However, every legal system must determine whether the extinctive prescription functions automatically (ipso iure) or does it grant a debtor a right to refuse the performance of prescribed obligations. The author argues that in Latvia the extinctive prescription must be functioning as an objection that the debtor may make to refuse the performance of an obligation. This necessarily implies that a court cannot raise the extinctive prescription unless it is invoked by the debtor.