How long do I have to claim in commercial contracts?: The prescription

abogado prescripcion

In the commercial sphere, the deadline to claim for contracts are different from the usual civil. If we consider the, we can bring some surprises.

First, we must remember that the claim must prove that the arguments to substantiate his claim. It starts the process of job or involved the prosecution.

If there is no specified time, apply the provisions of the Civil Code (art. 943 of C. Trade).

We must also take into account the possibility of applying a treaty, enjoying preferential basis on Common Law (articles 2 and 50 Commercial Code).

Overall, deadlines prescription for breach of commercial contracts are shorter than 5 years of the Civil Code (recordemos que el plazo general del artículo 1964 the C.C. ha sido reducido a 5 años por la Ley 42/2015 of 5 October).

Here are some cases:

  • 6 months for claiming and cost of sea freight, and maritime fare (art. 951 of C. Trade).
  • 1 year in debt service, works and supplies Ships gymnasiums or maintaining crew (art. 952 C. Trade).
  • 1 delivering year maritime transport cargoes or compensation for delays or damage, po and to claim expenses deposit and custody, relief and rescue.
  • 1 for year customer compensation or damages to the investment agent against the principal (art. 31 LCA).
  • 1 year to claim the cost of inland freight transport (art. 79 Law on Land Transport).
  • 2 years to claim for damage insurance contracts (art. 23 LCS).
  • 2 years for claims arising from air transport of goods of passengers and their baggage (art. 35 CM).
  • 3 Claims years marine insurance (art.954 C. Trade).
  • 5 years for contract actions Personal Insurance (art. 23 LCS).

It should also be noted that in some cases is required to formulate court protest, to claim the goods and luggage carrier (art 31 CM).

The Civil Code provisions apply in the absence of standard commercial (art. 944 Commercial Code), so that the terms of prescription shall:

  • 6 months to put the things sold in the hands of the buyer (art 1472 Codigo Civil)
  • 6 months to raise sanitation action hidden defects of the thing sold (art. 1490 Civil Code).
  • 3 years to claim the payment to the traders who are not (Article 1967.4 º Codigo Civil).
  • 5 years personal actions that do not have designated a special term (art. 1964 Codigo Civil, en su nueva redacción con entrada en vigor el 7 October 2015).

How can we interrupt the limitation period?

  • By application or any other debtor made any judicial.
  • Getting a recognition of obligations.
  • Renewing the document in which the entitlement of the creditor.

(Art. 944 C. Trade)

The Civil Code is supported extrajudicial claim to interrupt prescription (art. 1973 C. Civil). In the commercial sphere is not enough extrajudicial claim: We may lose our action, although the Supreme Court has admitted the extension of Article 1973 of C. Civil and commercial obligations supports interruption of prescription by extrajudicial claim (STS 8-4-2010).

In conclusion, is important to consider the statute of limitations in order to defend their rights if it happens to claim in civil or commercial contracts.

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