TS Civil Chamber, Limitation periods: computation, interruption and starting date for contractual liability claims 2024
The limitation of contractual liability claims (Arts. 1101-1104 CC, general 5-year period after the 2015 reform) remains a permanent source of litigation. We analyse TS doctrine on the starting date for continuing damage, extrajudicial interruption and the effect of prior negotiations.
Legal framework: limitation in the CC
Art. 1964.2 CC (after 2015 reform) sets a 5-year limitation period for personal actions. The starting date (dies a quo) is when the creditor can demand performance.
Key TS doctrine 2023-2024
STS 345/2024: Continuing damage: The limitation starts when damage ceases or when the injured party can quantify it with sufficient certainty. Dies a quo fixed at date of expert report definitively quantifying repair costs, not at first appearance of damp.
STS 123/2024: Actio nata: Limitation begins when the plaintiff knows: (1) they have suffered damage, (2) the identity of the responsible party, (3) they can approximately quantify the damage. Hidden damage starts the clock when it could reasonably have been known.
STS 567/2023: Extrajudicial interruption: Art. 1973 CC requires an unequivocal manifestation of intent to exercise the right. A letter or burofax to the debtor suffices. Negotiations alone do not interrupt limitation but may constitute tacit debt acknowledgement.
STS 89/2024: Arbitration request interrupts limitation. If arbitration ends without decisión on the merits, limitation resumes from when the arbitral proceedings ended.
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