Volume 109, Issue 42
Royal Gazette
8 April 2535
Section193/9.When any claim is not enforced within a period of time designated by the law, such claim is barred by limitation.
Section193/10.When a claim is barred by limitation, the obligor has the right to refuse the performance according to such claim.
Section193/11.No limitation designated by the law shall be suspended, or extended, or shortened by a mutual agreement of the parties.
Section193/12.Limitation shall start to be counted from the moment the claim may be enforced onwards. If the claim is for forbearance of any act, limitation shall start to be counted from the earliest time the act is committed.
Section193/13.As for a claim which the obligee cannot enforce until he has demanded performance from the obligor, limitation shall start to be counted from the earliest time the demand can be made. But if the obligor is not required to make the performance until elapse of a certain period of time counted from the time the demand is made, limitation shall start to be counted from the end of such period of time.
Section193/14.Limitation is interrupted in the following cases:
(1)the obligor has acknowledged the obligation owed to the obligee according to the claim, by providing a letter of acknowledgement, making partial performance, paying the interest, providing security, or doing any act which undoubtedly implies his acknowledgement of the obligation according to the claim;
(2)the obligee has instituted a case in order to establish the claim or demand the performance;
(3)the obligee has applied for receiving the performance in a bankruptcy case;
(4)the obligee has assigned the dispute to an arbitrator for consideration;
(5)the obligee has done any other act which gives the same result as the institution of a case.
Section193/15.When limitation is interrupted, the period of time which has previously elapsed shall not be included thereto.
Limitation shall start to be recounted from the time the cause of its interruption ends.
