TITLE VI

PRESCRIPTION

CHAPTER I

GENERAL PROVISIONS

 

Section 193/9.- A claim is barred by prescription if it has not been enforced within the period of time fixed by law.

 

Section 193/10.- When the lapse of the period of prescription for claims, the debtor is entitled to refuse performance.

 

Section 193/11.- The periods of prescription fixed by law cannot be extended or reduced by party.

 

Section 193/12.- Prescription begins to run from the moment when the claim can be enforced. If the claim is to a forbearance, prescription begins to run from the first moment when the right is infringed.

 

Section 193/13.- If the creditor may not demand performance until he has given notice to the debtor, prescription begins to run from the first moment when notice can be given. If the debtor is not bound to perform until a given period has elapsed since the notice, prescription begins to run from the expiration of this period.

 

Section 193/14.- Prescription is interrupted in following cases :

                (1) The debtor acknowledges the claim towards the creditor by written acknowledgement, by part payment of interest, giving of security, or by any unequivocal act which implies the acknowledgement of the claim ;

                (2) The creditor enters an action for the establishment of the claim or for requiring performance ;

                (3) The creditor applies for receiving a debt payment in bankruptcy ;

                (4) The creditor submits the dispute to arbitration ;

                (5) The creditor does any act which brings an effect equivalent to entering an action.

 

Section 193/15.- When prescription is interrupted, the period of time which has elapsed before interruption does not count the prescription.

A fresh period of prescription begins to run from the time when the interruption ceases.

 

Section 193/16.- The creditor of an obligation for the payment of money periodically is entitled to require from the debtor, at any time before the completion of the period of prescription, a written acknowledgement of the obligation in order to obtain evidence of the interruption of prescription.