Define: Liberative Prescription

Liberative prescription, also known as statute of limitations, is a legal concept that sets a time limit within which a person must bring a legal claim. Once the prescribed period has expired, the claim is said to be “prescribed” or time-barred, and the person can no longer pursue legal action.

The length of the liberative prescription period varies depending on the type of claim and the jurisdiction. For example, in personal injury cases, it is typically around two to three years, while for contract disputes, it can range from three to ten years.

The starting point of the liberative prescription period also varies depending on the type of claim and jurisdiction. In general, it begins from the date the cause of action arises or when the injured party discovers or should have discovered the harm.

In certain circumstances, the liberative prescription period can be extended. This is known as tolling or suspending the prescription. Common reasons for tolling include the claimant’s minority, mental incapacity, or the defendant’s absence from the jurisdiction.

In some cases, the liberative prescription period can be shortened by agreement between the parties. However, such agreements must comply with the applicable laws and regulations governing the specific type of claim.

If you file a claim after the liberative prescription period has expired, the defendant can raise the defence of prescription. The court will likely dismiss your claim, and you will lose the opportunity to seek legal recourse for your alleged harm.

Yes, there are exceptions to the liberative prescription period in certain circumstances. For example, some jurisdictions have specific rules for cases involving fraud, intentional misconduct, or latent defects, which may allow for a longer prescription period or no prescription at all.

Even if the liberative prescription period has expired, you can still negotiate a settlement with the other party. However, without the threat of legal action, the other party may be less inclined to offer a favorable settlement.

In some cases, it is possible to waive the liberative prescription period. However, such waivers are generally disfavored by the courts and may be subject to strict scrutiny. It is advisable to consult with an attorney before waiving any legal rights.

Yes, seeking legal advice is highly recommended if you are unsure about the status of your claim in relation to the liberative prescription period. An attorney can assess the specific facts of your case and provide guidance on whether you can still pursue legal action.