Many people are surprised to find that a right they genuinely hold can no longer be claimed before the courts — not because it is invalid, but because time has run against it. In the Civil Transactions Law, the rule is precise and clever: a right does not lapse with the passage of time, but a case asserting it will not be heard against a denier after certain periods. The distinction is fundamental, and understanding it may be the difference between recovering your right and losing it. Here is a practical guide to the periods, how to calculate them, and how to protect them.
The general rule: ten years
The basic period after which a case will not be heard is ten years, except for cases where a special provision exists or the specific exceptions apply. In other words, unless your right falls within the special categories below, you have ten years before prescription can be raised against you.
Shorter periods for certain categories
The law set shorter periods for specific rights, and it is important to know whether your right falls within them:
Five years — for the rights of liberal-profession holders (such as doctors, lawyers, and engineers) for their work and expenses, and for periodic recurring rights such as property rents, wages, and arranged revenues.
One year — for merchants' rights for goods and services provided to those who do not trade in them, for the rights of hotel and restaurant owners, and for workers' rights to their daily and non-daily wages and the price of what they supplied.
An important practical point
The short periods (one year or five years) may be extended if a deed is drawn up for the right. If you have a written deed for a right of the short-period kind, the case is not barred except after ten years from the date the deed was drawn up.
When does the period begin?
The general rule is that the period begins from the day the right becomes due — that is, from the moment you are able to claim it. This differs from the date the right itself arose. For example, a deferred debt's period does not begin until the term falls due.
In claims for compensation for harm, the period is three years from the date the injured party became aware of the harm and of the person responsible, and in all cases the case will not be heard after ten years from the date the harm occurred.
What "suspends" the running of the period?
Suspension means temporarily freezing the period and then resuming it. The period is suspended whenever there is an excuse making it impossible to claim the right. Among the excuses the law expressly provides:
- the existence of good-faith negotiation ongoing between the parties when the period is completed.
- the existence of a moral impediment preventing the claim (such as a relationship between relatives or those treated as such).
What "interrupts" the period?
Interruption is stronger than suspension: when the period is interrupted, a fresh full period begins anew. The period is interrupted in three cases:
First, the debtor's acknowledgment of the right, expressly or implicitly. Second, a judicial claim, even before a court lacking jurisdiction. Third, any other judicial procedure the creditor takes to assert their right.
Importantly: if the period is interrupted by a court judgment or the debtor's acknowledgment in the short-period rights, the fresh period becomes ten years.
A practical tip to protect your right
If your right's period is nearing its end and the dispute has not been resolved amicably, the simplest way to interrupt the period is to file the case — even formally — or to obtain a written acknowledgment from the debtor. Don't let your right slip toward expiry while you wait for an "amicable resolution."
Rules that cannot be circumvented
The law set safeguards protecting both parties:
- It is not permissible to agree to shorten or extend the period. The periods are fixed by law and the parties cannot modify them by contract.
- The debtor may not waive the right to invoke prescription before this right has arisen — meaning they cannot waive it in advance.
- The court does not rule prescription of its own motion; rather, the debtor or an interested party must invoke it. If the opposing party does not raise it, the court hears the case.
Conclusion
Prescription is a double-edged sword: it may protect you as a debtor, and may lose your right as a creditor. The key is awareness of the period governing your right and when it begins. The golden rule: do not delay claiming a right you know is due — every day that passes brings you closer to a door beyond which your case will not be heard. And if the deadline approaches, act judicially even with a simple step that interrupts the period.
How does LEXIUM help?
We precisely determine the period governing your right or claim, when it began, and whether anything suspended or interrupted it — and we take the appropriate action at the right time to protect your position before it is too late.
This topic is legally technical, and each case has its own circumstances that may change the outcome, so consulting a specialist is advised before taking any decision relating to claim deadlines.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. See our full disclaimer.