Civil Transactions
Non-Hearing of Claims due to the Statute of Limitations (Extinctive Prescription)
The Civil Transactions Law provides that rights are not extinguished by the mere passage of time; however, a claim to enforce such rights shall not be heard after the lapse of the periods prescribed by law, subject to the following rules:
Statutory Periods
General Rule
A claim shall not be heard after the lapse of 10 years, unless otherwise provided by a specific legal provision or one of the exceptions set out below.
Five-Year Period
A claim shall not be heard after the lapse of 5 years with respect to the following rights:
- Rights of professionals, including physicians, lawyers, and engineers, for services rendered or expenses incurred.
- Periodic and recurring rights, such as rent of real property, wages, regular payments, and similar rights.
- Exception: The period shall be 10 years where the right concerns revenue held by a possessor acting in bad faith or revenue owed under a waqf (endowment).
One-Year Period
A claim shall not be heard after the lapse of 1 year with respect to:
- Rights of merchants for goods and services provided to persons who do not engage in trading such goods or services.
- Rights of owners of establishments designated for accommodating guests, restaurants, and similar businesses arising from the conduct of such activities.
- Rights of wage-earners for daily or non-daily wages, and for the value of items they provide.
General Provisions
- The statutory period for non-hearing of a claim due to the lapse of time shall begin on the day the right becomes due for performance, unless otherwise provided by law.
- The court shall not rule that a claim is time-barred due to the lapse of time except upon a plea raised by the debtor or an interested party.
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