How does decadência (forfeiture) differ from prescrição (limitation) in Brazilian civil law?
Answer and explanation
Correct answer: C. Prescrição extinguishes the claim (pretensão); decadência the right itself
- Step 1: Prescrição attacks the possibility of demanding performance; decadência attacks the formative right. Step 2. That is the distinction used in Articles 189 and 207 and following. Answer: Prescrição extinguishes the claim (pretensão); decadência the right itself. Why not the others: the other options reverse the effects or invent rules about who may raise them or notarial declarations.
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