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Statute of limitation: A multi-jurisdiction comparative study

This statute of limitation report provides a high-level comparison of the statute of limitation (prescription) rules applicable in a number of jurisdictions around the world.

Read the report: Statute of limitation: A multi-jurisdiction comparative study

The report is based on the findings of the Dispute Resolution Group within Legal Network International (LNI) who have gathered and discussed the statute of limitation rules applicable in the various jurisdictions of its members.

The report which outlines the main trends and variations on the statute of limitation seeks to answer the following questions;

  • What is the legal nature of prescription?
  • Which statute of limitation rules are applicable if a local judge has to apply foreign law to a dispute?
  • May a party decide to waive the application of the statute of limitation?
  • When is a claim considered time-barred?
  • Which elements suspend limitation period?
  • Which elements cause an interruption of the statute of limitation?
  • Which are the effects of the expiry of the limitation period?
  • Is the setting off of a time-barred claim still possible?

It also includes country reports from 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.

Read the report: Statute of limitation: A multi-jurisdiction comparative study

 

Statute of limitation: A multi-jurisdiction comparative study