La caducidad y la prescripción: relevancia e impacto en las tradiciones jurídicas ecuatorianas y latinoamericanas
Year: 2026
Type: article
Abstract: The study analyzes the conceptual, functional, and legal differences between prescription and lapse in Ecuadorian and Latin American legal traditions, based on the examination of applicable legislation, specialized legal doctrine, and relevant case law. A qualitative doctrinal or dogmatic-legal research design was adopted. Legislation, case law, and specialized doctrine from the three selected legal systems were analyzed. The comparative examination made it possible to identify similarities, differences, and interpretative problems in the treatment of both institutions. The results show that prescription and lapse differ in their foundations, effects, and modes of application. In Ecuador, normative and jurisprudential ambiguities persist and hinder a clear distinction between the two institutions. The Peruvian legal system provides clearer regulation regarding their respective effects. In Colombia, relevant elements for comparison were identified, although they were less extensively represented in the analyzed corpus. The findings also indicate that the absence of uniform criteria may affect legal certainty and the predictability of judicial decisions. It is concluded that a more precise distinction between prescription and lapse requires clear normative and jurisprudential criteria. Their differentiation should consider the effects of the passage of time on rights, legal actions, and procedural powers.
Source: Revista San Gregorio
Institution: Universidad San Gregorio de Portoviejo
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7214960012