Topic 3 - statutes of limitations, prescription

Question 1

Art. 1.961 CC: “Actions come into prescription for the simple lapse of time provided by law”)

Answer 1

Time limit to the exercise of subjective rights that can cause the extinction of actions

Question 2

When do prescription periods commence?

Answer 2

Prescription periods commence at the moment in which the action arises

Question 3

is the general statute of limitations period for personal actions. Mainly applied to breach of contract claims.

Answer 3

5 years

Question 4

years also for periodical obligations, either payable on a yearly basis or shorter terms. alquiler

Answer 4

5 years

Question 5

years for real right actions related to movable property.

car

Answer 5

6 years

Question 6

years for real right actions related to real property.

house

Answer 6

30 years

Question 7

years for foreclosure actions [mortgage executing actions].

mortgage

Answer 7

20 years

Question 8

years for legal, educational and health services payment.

Answer 8

3 years

Question 9

year for tort claims. The statute of limitations period will not always commence at the moment when damage was caused, but when the injured person became aware of the damage suffered.

Answer 9

1 year

Question 10

The statute of limitations period can be interrupted

Answer 10

i) Judicial claim
ii) Extrajudicial claim. Evidence needed
iii) Acknowledgment of debt
The interruption operates as a renewal of the period. The statute of limitations period restarts running without taking into account the time that has already been elapsed

Question 11

Who must the Prescription be alleged by ?

Answer 11

Prescription must be alleged by the defendant

Question 12

When does the statute of limitation have an effect?

Answer 12

It does not have automatic effects but once pleaded it takes effect from the date when the statute of limitation period terminated

Question 13

whats is the best way to interrupt the period?

Answer 13

By burofax (THE BEST) phonecall e-mail etc

Question 14

What is statute of limitations

Answer 14

A statute of limitations is a law that sets a firm deadline on how much time can pass before you must file a civil lawsuit in court after you’ve suffered some type of harm—or lose your right to sue.

Question 15

How can the statutes of liitation/ prescrition be interrupted?

Answer 15

1. juridicial claim from the creditor
2. extrajuridicial from the creditor
3. recognition of debt by the debtor.