Code III (Liberative Prescription) Flashcards
Types of Prescription
- Acquisitive Prescription
- Liberative Prescritpion
- Prescription of nonuse
Liberative Prescritption
Barring of an action because of the passage of time
One-Year Liberative Prescription
Tort
actions against home inspectors
Revocatory Action
Two-Year Liberative Prescription
Delictual Actions for crimes of violence
Three-Year Liberative Prescription
Money actions
client against attorney
Five-Year Liberative prescription
promissory notes
reduce donations
annul testament
rescind partition
spousal support arrearages
against profession engineers….
against harvesting timbers
set aside documents
Ten-Year Liberative Prescription
personal actions
against contractors
Money judgments
arrearages of child support
debts to public institutions
Thirty-Year Liberative prescription
inheritance rights
student loans
Interruption
time that has run is NOT counted
time commences anew from last day of interuption
Causes of interruption
filing suit
Aknowledgment
Suspension
period pauses
runs again at termination of suspension
Contra Non Valentem
prescription does not run in exceptional circumstances such as P prevented from enforcing his right for reasons external to his own will
Peremption
time period for the existence of a right fixed by law
