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Statute of Limitation: When is a claim considered time-barred?
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.
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