Month: October 2023

In the Statute of Limitation report created by the LNI Dispute Resolution Group we consider the question ‘when is a claim considered time-barred?’

The report discusses the Statute of Limitation rules applicable in the various jurisdictions of its members. providing a high-level comparison of the Statute of Limitation (prescription) rules applicable in a number of jurisdictions around the world and considers some key questions.

You can read the full report here: LNI Statute of Limitation Report

When is a claim considered time-barred?

This table provides a general overview of the main limitation periods applicable in the various jurisdictions. Special attention needs however to be paid to the starting date of the period. In lots of jurisdictions, if such starting date is linked to subjective factors (e.g. knowledge), a maximum duration since the occurrence of the event is foreseen.

MAIN LIMITATION PERIODS
Jurisdiction:	General rule (if no specific limitation period applies)	Contracts	Torts	Unjust enrichment
Austria	30 years	30 years if no shorter period is foreseen	Generally 3 years	Generally 30 years
Belgium	30 years	5 years	10 years	10 years
Brazil	10 years	10 years	3 years	3 years
Bulgaria		5 years if no shorter limitation provided by law	5 years	5 years
China	3 years unless otherwise provided by law	3 years unless otherwise provided by law	3 years unless otherwise provided by law	3 years unless otherwise provided by law
England & Wales		6 years unless otherwise provided by law	6 years (3 years for personal injury) unless otherwise provided by law	6 years unless otherwise provided by law
France	5 years	5 years	10 years	5 years
Germany	3 years	3 years	10 years (30 years in case of body injuries)	3 years
India	3 years	3 years	1 to 3 years
Luxembourg	30 years	30 years (10 years in commercial matters)	30 years	30 years
Netherlands	20 years	5 years	5 years	5 years
Serbia		10 years (3 years in commercial matters)	3 years	10 years
Spain	5 years	5 years	1 year	5 years
Sweden	10 years	10 years (3 years for claims against consumers)	10 years	10 years
Switzerland	10 years	10 years	3 years	3 years
Turkey	10 years	10 years	2 years	2 years

For more details, please refer to the Country Reports in the full report: 
Statute of limitation: A multi-jurisdiction comparative study

The report which outlines the main trends and variations on the statute of limitation also includes country reports from the members in the LNI Dispute Resolution Group in Australia, Belgium, Brazil, Bulgaria, China, England and Wales, France, Germany, India, Luxembourg, Netherlands, Serbia, Spain, Sweden, Switzerland, and Turkey.

Specific queries should be addressed to the relevant LNI Members in the respective jurisdictions.