The passage of binary time - its system of law and the problems it poses

Abstract

The Law of Obligations and Contracts sets the prescription period at ten years. However, it subjects the right to file some lawsuits to a shorter period of time, either five years or two years. Short term prescriptions have posed several practical problems on one hand and jurisprudence conflicts on the other hand.

 The current research studies the legal system to which the binary prescription is subject to, its nature (as a means of waiver of rights and a means of proof), the scope of its application (in terms of the persons subject to it and the debts covered by it), its calculation and contingency (particularly the effect of the law of suspension of time limits and cases related to insurance provisions), and finally How it can be transformed into a ten year prescription; all within the framework of the problems it raises on the practical level.

The research concludes with a proposal to amend the provisions of Prescription, in order to put an end to the conflict between jurisprudence, especially since this conflict would threaten the stability of relationships and the principles of justice and equality between litigants.