News
A party stating that a claim is time-barred by prescription has to specify the type of prescription
- 08/05/2018
By ruling no. 10322 of 30th April 2018, the Court of Cassation has explained that a party stating that a claim is time-barred by prescription has to specify the type of prescription at issue, not also the length of the prescription period.
In the case at issue, a party complained that the Court of first instance and the Court of Appeal had ascertained the existence of the five-year prescription period set forth in Article 2947, Civil Code, whereas the very generic defense by the counterparty was to be intended as referring to the ordinary ten-year prescription period.
Nevertheless, the Court of Cassation has rejected the complaint and stated that the prescription mentioned by the counterparty was undoubtedly a so-called “extinctive prescription” and that the liability at issue was non-contractual.
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