De nuevo sobre el art. 2332 del CC y el dies a quo del plazo de prescripción de la acción de responsabilidad extracontractual

This commentary deals with the judgment of the Supreme Court that returns to the old literal interpretation of art. 2332 of the CC, determining that the statute of limitations of the tort liability action is computed from “the perpetration of the act” and not from the damage, its manifestation or knowledge by the victim. It will be shown that, in order to resolve the case in the same sense, that is, to declare the action time-barred, it was not necessary to resort to the abandoned interpretation, but rather it was sufficient to establish that the damage had occurred at the same time as the causal event, so that the real discussion lay in determining whether it was necessary for the victim to become aware of the wrongful act in order to start the computation of the limitation period.