Prescription

Question 1

What is prescription?

Answer 1

Effect of time on legal rights.

Question 2

What are the types of prescritption?

Answer 2

Acquisitive, non use

Liberative is the barring of an action because of the passage of time.

Question 3

How to compute time?

Answer 3

1. Runs from the day of cause of action arises and judicial enforcement is possible.
2. Day that marks the commencement is not counted.

Accrues on the expiration of the last of the prescription period.

If that day is a legal holiday, then prescription accrues on the next day.

3. f a prescriptive period consists of one or more years, prescription accrues upon the expiration of the day of the last year
   that corresponds with the date of commencement of prescription

Question 4

Is there contractual freedom to modify prescription?

Answer 4

1. Parties cannot exclude prescription.
2. Parties cannot generally make a longer prescription period.

Exception:

After presrciption has commenced but before accrued, obligor may by juridical act extend the prescriptive period by:

As long as it does not exceed one year.

Extension is express in writing.

Extension rules:

Period of extension commences to run on the date of the juridical act granting it.

Effective only against the granting obligor, but it benefits all joint obligees of
an indivisible obligation and all solidary obligees.

3) An extension of prescription made by a principal obligor is effective against his surety. An extension of
prescription by a surety is effective only if the principal obligor has also granted it.

4) Prescription may be interrupted or suspended during the period of extension. [La. Civ. Code Ann. art. 3505.4]

Parties cannot make the requirements of prescription “more onerous.” [La. Civ. Code Ann. art. 3471] Some courts have
held that an agreement shortening a prescriptive period makes the requirments more onerous.