The Rules on Prescription

Abstract

The Common European Sales Law, although limited in its application to the sale of goods, contains a systematic and almost complete regulation of the prescription of actions that takes into account several new tendencies that have emerged from a number of national legal systems. Broadly speaking, it contains two expiry periods that vary depending on the way in which the dies a quo are fixed. The shorter of the two expiry periods employs a subjective criterion, while the longer period makes use of an objective criterion, although this period is not a preclusion period. The law allows the parties concerned a great deal of autonomy in determining the length of these periods. It further distinguishes between the interruption and the suspension of the prescription period. In terms of the effects of the limitation period, the legislator has opted for the weak effect: that is, while it paralyses the action of the claimant, it does not extinguish the claimant’s right.

Prescription is undoubtedly a necessary doctrine; not only for obligations derived from contracts but for all types of obligations, and so its regulation in the Common European Sales Law could go on to form the basis of its regulation in a future European Civil Code.