What is the difference between limitation and prescription

Top The prescription extinguishes the action, but not the right. The payment done when the right has prescribed is valid, but the right is not extinguished. The limitation extinguishes both the right and the action. Notwithstanding anything to the contrary for the acquisition of the domain or the rights in rem by prescription in arts.

Unless the holder has won by less term the domain according to article CC. And unless the cases of loss, public sale, theft or robbery. They are divided in: — Actions of article In order to know which deadline must be applied, you must look when the obligation was born — Actions of article CC: The actions to demand the fulfilment of the following actions: The one of paying alimonies The one that satisfies the price of the rents, both of rural and urban properties.

Those of any other type of yearly payments or in shorter periods of time. The one of paying the judges, lawyers, registrars, notaries, scribes, experts, agents and curators their fees and rights, and the expenses and disbursements they have made in the performance of their duties or offices in the matters to which the obligations refer. Jurisprudentially, this term is applicable to independent professionals, auditors, consultants, architects… the payment to pharmacists of the medicines they supplied; to teachers and professors of their fees and stipends for the teaching they gave, or for the exercise of their profession, art or craft; since the respective services ceased That of paying the menial workers, servants and day laborers the amount of their services, and that of the supplies or disbursements they have made in respect of the same; since the respective services have ceased to be provided The period of payment of food and lodging by innkeepers and of the price of goods sold to others who are not innkeepers or who, being innkeepers, are engaged in different types of traffic, has been extended since the respective services were no longer provided.

By application of case law, this period applies to contracts for the supply of electricity, water and gas to consumers. It is understood that the consumer does not resell the product. After reviewing the facts, unless the proposed action or claim is manifestly within time, it is prudent to commence protective proceedings as a matter of urgency, or if parties are being co-operative, particularly in England and Wales, perhaps consider entering into an agreement to stop the time bar period running.

Also, if you have a choice of jurisdictions from North and South of the border, you should consider the facts of the case and if time-bar is a potential issue, consider which set of statutory provisions and case-law will best allow you to advance your claim, with the lowest risk of it being defeated by time-bar.

Related articles by Iain Drummond. For more information on how we handle your data, please read our privacy policy. Skip to main content. Prescription and Limitation: differences north and south of the border In general terms, this applies to: obligations to pay a sum of money; obligations to pay compensation; and contract and breach of contract claims.

Alternative time periods There are some exceptions and alternatives to the five-year time period. Six-year limitation period The Act applies a six-year limitation period in England and Wales to the following claims: tort; simple contract; sums recoverable by statute; and enforcing judgements.

It considers the difference between the two concepts, when the time period begins to run and the effect of any interruption on that period. Reforms in these areas are also considered. Free Practical Law trial. To access this resource, sign up for a free trial of Practical Law. Free trial. Already registered? Sign in to your account. Our Customer Support team are on hand 24 hours a day to help with queries:. Maintained Resource Type Practice note: overview.

Jurisdiction Scotland. Difference between positive and acquisitive prescription. Also called extinctive prescription or liberative prescription. A time period within which a right must be exercised, otherwise it will be extinguished.

Also called acquisitive prescription. A time period after which a person who has, in the role of an owner, uninterruptedly, peacefully, and publicly possessed another's property acquires the property. The described process is known as acquisition by prescription and adverse possession.