Prescription
Explanation
Obligations (les obligations) are extinguished when the creditor (le créancier) fails to claim their rights for a period of time. This extinguishment is known as prescription (la prescription).
The running of prescription does not begin until the day the debt becomes due and payable (exigible). This period is calculated in days (les jours) and not in hours. The first day on which prescription begins is not counted, and the period is considered complete upon the expiration of its last day.
The general rule is that prescription is completed after the expiration of ten years (dix ans). This basic period applies to obligations that are not subject to a specific provision.
There are exceptions subject to a prescription period of five years (cinq ans). This includes arrears, interests, dividend shares, rents of buildings and agricultural lands, and generally all obligations that become due every year or less.
The five-year period also applies to actions arising from the company contract (le contrat de société) between the partners themselves or between them and other persons. This period begins from the day of the declaration of the dissolution of the company or the declaration of the withdrawal of one of the partners.
Official legal articles
Think deeper
Why do you think the legislator set the prescription period at five years for obligations that become due every year or less, while making the basic period ten years?
Flashcards
When are obligations extinguished by prescription in the law?
Obligations are extinguished by the inaction of the creditor who fails to invoke their rights for a period of time (Article 344).
When does the rule of prescription begin?
It begins on the day the debt becomes due and payable.
How is the prescription period calculated?
It is calculated in days, not in hours, and the starting day is not counted.
When is the prescription period considered complete?
It is considered complete upon the expiration of its last day.
What is the basic prescription period?
The basic period is ten years.
What is the prescription period for the rents of buildings and agricultural lands?
The prescription period is five years.
When does the prescription period begin in actions arising from a company contract?
It begins from the day of the declaration of the dissolution of the company or the declaration of the withdrawal of one of the partners.
Practice questions
When does the running of prescription begin for a specific debt?
The rule of prescription does not begin until the day the debt becomes due and payable (Article 348).
How is the prescription period calculated?
The period is calculated in days, not in hours, and the starting day is not counted (Article 348).
What is the basic prescription period in principle?
Prescription is basically completed after the expiration of ten years (Article 349).
What is the prescription period that applies to interests and dividend shares?
The prescription period is five years for arrears, interests, and dividend shares (Article 350).
When does the prescription period begin in an action between partners arising from a company contract?
The period begins from the day of the declaration of the dissolution of the company or the withdrawal of one of the partners (Article 350).
When is the prescription period considered complete?
The prescription period is considered complete upon the expiration of its last day (Article 348).
Case problems
Samir rented a residential apartment from Rami. Samir failed to pay the annual rent due on February 1, 2015. On March 10, 2022, Rami filed a lawsuit claiming the delayed rent payments. Samir invoked prescription. Is Rami's right to claim extinguished?
Model answer
Yes, Rami's right is extinguished by prescription.
The prescription period is five years for building rents and obligations that become due every year (Article 350).
Prescription begins on the day the debt becomes due and payable (Article 348), which is February 1, 2015.
Since the claim was made on March 10, 2022, more than five years have elapsed.
Therefore, the obligation is extinguished by the inaction of the creditor in invoking their rights (Article 344).
Self-grading rubric
Sara loaned her friend Nada a sum of money on May 1, 2010, on the condition that Nada returns it on May 1, 2012. Sara did not claim the amount until May 15, 2022. Does Nada have the right to invoke prescription? And how is the period calculated?
Model answer
Yes, Nada has the right to invoke prescription.
Prescription is basically completed after the expiration of ten years (Article 349).
The rule of prescription begins on the day the debt becomes due and payable (Article 348), which is May 1, 2012.
The starting day is not counted, the period is calculated in days, and it is considered complete upon the expiration of the last day.
Since Sara claimed the debt on May 15, 2022, the period has elapsed, and the obligation is extinguished by her inaction (Article 344).