Deadlines for Filing Lawsuits in Spain: Complete Guide by Procedure Type

Deadlines for Filing Lawsuits in Spain: Complete Guide

One of the most serious ( and irreversible ) mistakes a lawyer can make is missing a deadline. This guide compiles all relevant deadlines in the Spanish legal system, organized by jurisdiction.

1. Limitation vs. Expiration

Characteristic	Limitation (Prescripción)	Expiration (Caducidad)
Interruption	Yes, restarts period	No (only suspension in some cases)
Ex officio	No (must be raised by party)	Yes (judge applies automatically)
Causes	Extrajudicial claim, debt acknowledgment, judicial action (Art. 1973 CC)	N/A

2. Civil Jurisdiction

Action	Period	Article
Personal actions (general)	5 years	Art. 1964.2 CC
Real actions (movable)	6 years	Art. 1962 CC
Real actions (immovable)	30 years	Art. 1963 CC
Mortgage	20 years	Art. 1964.1 CC
Non-contractual liability	1 year	Art. 1968.2 CC
Professional fees	3 years	Art. 1967.1 CC
Hidden defects	6 months	Art. 1490 CC

3. Labor Jurisdiction

Action	Period	Type	Article
Dismissal	20 business days	Expiration	Art. 103.1 LRJS
Salary claim	1 year	Limitation	Art. 59.1 ET
Substantial modification	20 business days	Expiration	Art. 138.1 LRJS

4. Criminal Jurisdiction

Limitation periods range from 1 year (minor offenses) to 20 years (penalties ≥15 years). Genocide, crimes against humanity, and terrorism with death are imprescriptible (Art. 131.4 CP).

5. Administrative Jurisdiction

Action	Period	Article
Appeal (express act)	2 months	Art. 46.1 LJCA
Appeal (silence)	6 months	Art. 46.1 LJCA
State liability	1 year	Art. 67.1 LPACAP

6. Computing Deadlines

Business days: Monday to Friday excluding holidays. August is non-business for civil procedural deadlines (Art. 183.1 LOPJ) but IS business for labor dismissal expiration (Art. 43.4 LRJS). If last day falls on non-business day, extended to next business day.

7. Consequences of Missing a Deadline

• Limitation: defense that must be raised by the opposing party
• Expiration: judge applies ex officio → automatic inadmissibility
• Professional liability: STS 918/2012 convicted for negligence in letting a dismissal action expire

How Lexiel Manages Deadlines

Lexiel's deadline management system automatically calculates business days discounting national and regional holidays for every autonomous community and city (local holidays of the court's district must be checked); sends multi-channel alerts; links deadlines to case files; and visually distinguishes limitation from expiration.

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