The expiration of the executive action does not prevent the exercise of the objective right by declarative means as long as it is not prescribed.

The expiration of the executive action does not prevent the exercise of the objective right by declarative means as long as it is not prescribed.

EXECUTIVE ACTION and DECLARATIVE ACTION.

Article 518 of the LEC establishes that "the executive action based on a Sentence, in a resolution of the Court or of the Judicial Secretary that approves a judicial transaction or an agreement reached in the process, in an arbitration resolution or in a mediation agreement will expire if it is not interposed the corresponding executive demand within the five years following the firmness of the sentence or resolution.This period like any other of expiration implies that there is no possible interruption and cannot be confused with the prescription.

The executive route has some assessed causes of opposition according to article 556 and following of the LEC, so that the plaintiff when choosing the action limits the reasons for opposition, which in the case of the declarative route are open, since the recognized right in the title it is not extinguished.

Until Law 42/2015 that reforms the term for the exercise of personal obligations of article 1964 of the C.C. It was 15 years, so the declaratory action inherent to the objective right had a greater prescription. Hence, once the executive action has expired, we could go to the declarative way for the period provided for in said article. This is the case of bills of exchange or promissory notes that after a period of 3 years, could be claimed by the declarative route that had a longer term indicated.

However, with Law 42/2015 they have been made to coincide so that since 2020, the limitation period is also 5 years, which directly affects the limitation period of the declarative action, which is no longer 15 years, with what the terms of the executive and declarative action have been made coincide.

Cookie Policy

We use our own cookies (technical cookies that are necessary for our website to function, they do not need authorisation and they are the only ones that we have activated by default) and third party cookies (to improve our page, customise it based on your preferences or be able to show you advertising tailored to your searches and personal interests) that provide services for our website.

You can accept all these cookies by pressing the "Accept" button or configure them by clicking the "Cookie settings" button. Please see our Cookies Policy for more information.

Modify cookies

About your privacy

To read all the necessary questions and to have control over them based on your personal choices go to the Cookie Policy page.

Manage consent preferences

These cookies are absolutely necessary for our website to function and for you to be able to browse it. For example, they are those that allow us to identify you, give you access to certain restricted parts of the page if necessary, or remember different options or services already selected by you, such as your privacy preferences, which is why they are activated by default. Through the configuration of your browser, you can block or set an alert for the presence of this type of cookie, although blocking them will prevent the different functionalities of our website from working properly.
These cookies allow us to study user navigation on our website and to evaluate performance so we can improve by adding new functionalities.
These allow us to save the user's preferences so that we can improve the quality of our services and offer a better experience through recommended products. Activating them will improve the functionality of the website (for example, adapting to your type of browser) and customising it based on your preferences (for example, displaying information in the language you have chosen on previous occasions).