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Simple English definitions for legal terms
peremption
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A quick definition of peremption:
Peremption is a legal term that refers to a specific period of time set by the law for a person to exercise their right. If the right is not used during this time, it will be lost forever. Unlike prescription, which only bars a specific remedy, peremption bars the entire legal action. This means that if the time limit for peremption has passed, the person can no longer pursue their legal claim.
For example, if a person has a right to file a lawsuit against someone, but they wait too long to do so, they may lose their right to sue. This is because the law has set a time limit for them to file the lawsuit, and if they do not do it within that time, their right to sue will be extinguished.
Peremption is an important concept in the legal system, as it helps to ensure that legal disputes are resolved in a timely manner. It also helps to prevent people from holding onto their legal rights indefinitely, which could lead to unfairness and injustice.
A more thorough explanation:
Definition: Peremption is a legal term used in civil law that refers to a specific period of time set by law for the existence of a right. If the right is not exercised during this period, it is extinguished. Unlike prescription, which only bars a specific remedy, peremption bars the action itself.
Example: Let's say that a person has a right to file a lawsuit against someone for a particular reason. However, the law sets a time limit of two years for exercising this right. If the person fails to file the lawsuit within two years, the right to sue is extinguished, and they cannot take any legal action against the other person.
This example illustrates how peremption works. The law sets a specific time limit for exercising a right, and if the right is not exercised within that time, it is lost forever.
Related term: Statute of Repose