Section 193/24.- The benefit of prescription can be waived only after it has been completed, but such waiver does not prejudice the right of third persons, or the surety.

 

Section 193/25.- When prescription is completed, its effect relates back to the day when it began to run.

 

Section 193/26.- With the principal claim, the claims for accessory acts of performance dependent upon it are also barred by prescription, even if the particular prescription applying to the accessory claim is not yet complete.

 

Section 193/27.- The barring of principal claim by prescription does not prevent a mortgagee, a pledgee, a holder of a right of retention or a creditor who has preferential right on property of the debtor detained by him, to enforce his right out of the mortgaged, pledged or detained property. But in exercising his right the creditor cannot obtain more than five years for arrears of interest.

 

Section 193/28.- If any act of performance is done in satisfaction of a claim barred by prescription, the value of such performance may not be demanded back, even if the performance has been effectedin ignorance of the prescription.

The provisions of paragraph one shall be applied to a contractual acknowledgement of liability in writing and to the giving of security by the debtor, but it cannot be referred against the former surety.

 

Section 193/29.- When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription.

CHAPTER II

PERIOD OF PRESCRIPTION

 

Section 193/30.- The period of prescription, which is not provided by this law is then years.

 

Section 193/31.- The period of prescription for claim of the Government for taxes and rates is ten years. As to other claims of the Government relating to obligations, the provisions of this Title shall be applied.

 

Section 193/32.- The period of prescription for a claim established by a final judgement, or by a contract of compromise is ten years, even if the claim itself is subject to any period of prescription.

 

Section 193/33.- The period of prescription is five years for the following claims :

                (1) Arrears of interest ;

                (2) Sums payable for the purpose of paying off principal by installments ;

                (3) Arrears of rent or hire of property except the rent of movables under Section 193/34 (6) ;

                (4) Arrears of salaries, annuities, pensions, allowances for maintenance and all other periodical payments ;

                (5) Claims under Section 193/34 (1) (2) and (5), so far as they are not subject to the period of two years.