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Statute of Limitation: Which elements cause an interruption of the statute of limitation?
In the Statute of Limitation report created by the LNI Dispute Resolution Group we consider the question ‘which elements cause an interruption of the statute of limitation?’
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
Which elements cause an interruption of the statute of limitation?
The interruption of the prescription ignores the time elapsed until the date of the interruption, and a new limitation period (in general with equal duration) starts to run as from that date.
The most common causes of interruption are ■ the acknowledgment / formal recognition of the obligation by the obligor / debtor and ■ taking judicial action against the obligor / debtor, sometimes completed by ■ other acts revealing the obligee’s / creditor’s intention to enforce his claim. Other causes of interruption are mentioned in the following table.
| MAIN CAUSES OF INTERRUPTION | ||||
| Jurisdiction:
|
Acknowledgment
by the obligor |
Filing a claim in court | Enforcement of the claim | Other |
| Austria | X | X | ||
| Belgium | X | X | X | Formal notice sent by registered mail (under certain conditions) |
| Brazil | X | X | X | |
| Bulgaria | X | X | X | |
| China |
X
|
X | Obligee formally requests the obligor to fulfil its obligations | |
| England and Wales | Generally not possible to argue interruption, only to agree time can “stand still” | |||
| France | X | X | X | |
| Germany | X | X | X | |
| India | Death of the obligee
Good cause (discretion of the courts) |
|||
| Luxembourg | X | X | X | |
| Netherlands | X | X | X | Obligee requests the obligor to fulfil its obligations in writing |
| Serbia | X | X | X | |
| Spain |
X
|
X | Out of court claim received by the addressee | |
| Sweden | X | X | X | Obligee requests the obligor to fulfil its obligations in writing |
| Switzerland | X | X | X | |
| Turkey | X | X | X | |
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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