Civil law

How long is the limitation period and how is it counted?

Huquqchi legal team

Under the Civil Code the general limitation period is three years. It runs from the day the person learned, or should have learned, of the breach of their right. An expired period does not stop the court from hearing the claim: the court applies limitation only on the application of a party to the dispute.

From which day it is counted

Under article 150 of the Civil Code, the general limitation period is three years. Under article 154, it starts on the day the person learned or should have learned of the breach of the right. Under a contract it usually starts on the day the period for performance ends.

An important point

The court does not apply the limitation period on its own initiative. Under article 153 of the Civil Code, it applies only on the application of a party to the dispute, made before the court renders the judgment. So you may file a claim even after the period expired. But if the party makes such an application and the period expired, the court rejects the claim.

Suspension and interruption

The law suspends or interrupts the period in the cases it names. For example, under article 157 of the Civil Code, an act of the debtor that shows the debtor acknowledges the debt interrupts the period, and the period starts again.

Advice

Keep the written document in which the debtor acknowledges the debt (a letter, a reconciliation act, a payment). It renews the period.

Legal sources

Legal basisCivil Code, article 150 Legal basisCivil Code, article 153 Legal basisCivil Code, article 154

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.