Meaning
The legally prescribed time limit within which a party must initiate litigation or enforce a judgment before the right to seek a judicial remedy is lost. Creditors and litigants must respect the statutory limitation to prevent the decay of evidence and to maintain legal certainty in commercial transactions. The general period for civil disputes is three years, although specific maritime and international trade claims have shorter durations.
Suspension Event
The limitation period pauses when a claimant demands performance, files a lawsuit, or the debtor acknowledges the outstanding obligation. This interruption resets the clock, starting the three-year period anew from the date of the event. Documenting these interactions is necessary to prove that the claim remains active during disputes.
Court Position
Judges do not apply the expiration of the time limit on their own initiative during the trial. The defendant must raise the defense of expiration explicitly to secure the dismissal of the lawsuit. If the defendant fails to raise this objection, the court proceeds to decide the case on its merits.
Enforcement Period
Winners of a lawsuit have two years from the final day of the voluntary execution period to apply for compulsory court enforcement. Missing this deadline strips the creditor of the right to use the court’s execution division to collect the debt. This rule forces action while the financial situation of the debtor remains verifiable.
