Limitation periods for civil claims

Limitation periods serve the public interest, as explained in the reasons for Interpretative Decision No. 3 of 18 May 2012 of the General Assembly of the Civil Chamber of the Supreme Court of Cassation in Interpretative Case No. 3/2011. The rules governing them are mandatory. Given the wide variety of individual rights, the legislature has provided for shorter special limitation periods in addition to the general five-year period under Article 110 of the Obligations and Contracts Act, to reflect the features of different types of obligations. As an exception, Article 111 establishes a three-year period for three groups of claims, one of which comprises rent, interest and other periodic payments. This shorter period protects debtors in respect of payments known to the parties in advance. Both creditor and debtor know from the outset when performance is due. Each due date reminds the creditor of the recurring obligations and of any outstanding payments. This is why a shorter period applies to these claims.

Since Article 111(c) of the Obligations and Contracts Act is an exception, it should not be interpreted broadly. It should apply only to periodic payments similar to rent and interest. The defining feature is recurrence, irrespective of whether the interval at the end of which payment falls due is a year, a month, a week or a day.

This article is not a legal opinion or advice on any particular situation or person. For legal assistance in a similar case, consult an experienced civil lawyer.