Limitation Periods
Limitation Periods
Limitation periods
by Practical Law
Articles | Published on 01-Apr-2020 | Australia, Barbados, Belgium, Brazil, Cayman Islands, Channel Islands-Guernsey, China,
Colombia, Cyprus, France, Germany, Ghana, Gibraltar, Guatemala, Hong Kong - PRC, India, Indonesia, Ireland, Italy, Japan,
Kazakhstan, Kenya, Luxembourg, Malaysia, Mauritius, Mexico, Myanmar, Nigeria, Northern Ireland, Norway, Romania, Russian
Federation, Scotland, Singapore, South Africa, South Korea, Spain, Sri Lanka, Sweden, Switzerland, The Netherlands, Turkey,
Ukraine, United Arab Emirates, United Kingdom, United States
This table sets out the limitation periods that apply to bring a claim, and the triggering events, in multiple
jurisdictions.
Please note that law stated dates for each jurisdiction may differ. Click on each jurisdiction to see the full answers
and to check the law stated date.
One year for claims against The limitation period runs from the sale of the goods.
consumers relating to
commercial goods, but five
years for claims regarding
essential goods such as gas,
electricity and water.
Ten years for most other The limitation period runs from the day the claim
claims, such as contractual arises, that is, when the obligation becomes due.
claims.
Brazil Limitation periods vary Limitation periods start running from the date that a
according to the subject matter claim becomes actionable.
of the claim, and range from
one to ten years.
Cayman Islands The limitation periods and In most cases, the limitation period commences
trigger points differ for the at the time the claimant acquires the right to bring
different types of claims and the action. However, commencement dates can be
are as follows (Limitation Act deferred in the following circumstances:
(1996 Revision)):
• Where the claimant was under a disability.
• Contract: six years
commencing on the • Where there has been an acknowledgment or
date of the breach of the part payment.
contract.
• Where the claim is based on fraud or mistake.
• Tort (excluding personal
• Where a claimant's right of action has been
injury, libel and slander
deliberately concealed from him by the
where the time limit is
defendant.
reduced to three years):
six years commencing,
in most cases, on the
date of damage (with
provision to extend where
the claimant did not have
• Claims by a beneficiary
against a trustee for fraud,
fraudulent breach of
trust or the recovery of
trust property have no
specified limitations, but
will be subject to the law
of equity, such as laches.
China • General limitation period The limitation period starts running from the moment
for civil claims: three the claimant knew or should have known of the facts
years. giving rise to its claim.
• International sales of
goods and technology
transfers: four years.
Colombia The general rule in civil and The occurrence of the material facts of the case and
commercial claims is ten years the maturity of the negotiable instrument.
for declaratory actions, and five
years for collection claims. A conciliation request suspends the statute of
limitations.
The following special limitation
periods also apply: A formal requirement from the creditor to the debtor
interrupts the statute of limitations (Article 94, GCP
• Collection claims arising and Article 2539, Civil Code).
from cheques: six months.
Acceptance of the obligation by the obligor or debtor
• Collection claims arising interrupts the limitation period.
from travellers’ cheques:
ten years.
• Claims related to
transport contracts: two
years.
• Claims related to
insurance contracts: two
years.
Germany The general limitation period for Limitation periods generally start running at the
bringing a claim is three years. end of the year in which the claim arises and
the claimant becomes aware, or but for its gross
However, limitation and other negligence should have become aware, of the
preclusion periods can range circumstances giving rise to the claim and the
between a few days and 30 identity of the defendant. In some instances, for
years. For example, rights to a example the filing of the statement of claim, the
plot of land can be subject to a statute of limitation is suspended.
limitation period of ten years.
A limitation period of 30 years
is, among others, stipulated for
certain damage claims as well
as for claims that have been
declared final and absolute.
Ghana • Two years. Recovering a A limitation period is triggered from the date on
penalty or forfeiture. which the cause of action accrued.
• 12 years. Recovering a
sum due to a registered
company, recovering
tax due and payable
to the Commissioner
of Income Tax, or duty
due and payable to the
controller of Customs and
Excise, actions founded
on recovery of possession
of immovable property
and title to land.
Gibraltar The Limitation Act 1960 sets The following triggers apply:
out the limitation periods for
different types of claims: • Contract claims: breach of contract.
• Contract claims: six years. • Tort claims (except personal injury and latent
damage): damage resulting from the tort.
• Tort claims (except
personal injury and latent • Negligence where the damage is latent:
damage): six years. damage resulting from the negligence or
knowledge of the damage.
• Negligence where the
damage is latent: either • Actions on deeds or in relation to the recovery
six years from the date of land: accrual of the cause of action.
of the damage or three
• Fraud: discovery of the fraud.
years from the date of
• Actions on deeds or in
relation to the recovery of
land: 12 years.
Guatemala The general statute of limitation The limitation period starts running on the date the
is five years. However, there obligation must be performed by the other party.
are specific cases set out
in Guatemalan legislation
where a different limitation
period applies. For example,
the limitation period is two
years to bring a claim for
lack of payment in a sale of
commercial goods.
Guernsey • Contract: six years. • Contract: from the date of breach.
• Tort: six years. • Tort: from the date the actionable damage
occurred.
• Breach of trust disputes:
three years (no • Breach of trust disputes: the date of knowledge
prescription period will of the breach or delivery of the final trust or
apply if there is fraud to trust accounts to the beneficiary.
which the trustee was
privy, or in claims to • Rights in land: from the date of breach.
recover trust property).
Ireland The limitation period is The limitation period starts running from the date the
generally six years for breach breach occurs or the tort is committed.
of contract and claims in tort
(except for personal injury
actions).
Italy In principle, the limitation period The limitation period starts to run from the date on
is ten years. which the relevant right arose or, in tort, when the
In tort cases, the limitation injured party is in a position to know of the damage
period is five years (unless the and of the author of the damage.
tort is considered a criminal
offence, in which case the
limitation period is the same
as that provided under Italian
criminal law for prosecuting the
crime).
• Dealings between
companies.
• Insurance matters.
• Shipping matters.
Japan Contract claims: Ten years. Contract and commercial claims: from when the
obligation is due to the right holder.
Commercial claims: five years.
Tort claims: three years (an Tort and product liability claims: from when the right
absolute statute of limitations of holder discovers that he has suffered damage and
20 years from the tortious act). knows the identity of the person or entity liable for
the damage.
Product liability claims: three
years (or ten years from the
delivery of a defective product).
Ownership of land: no specific Not applicable.
statute of limitation.
Kazakhstan The general limitation period is The day when a claimant became or should have
three years and applies to most become aware of the violation of its rights.
contractual, tort, land and other
commercial claims.
• Enforcement of
recognisance- six years.
• Enforcement of awards-
six years.
• An action based on a
judgment issued by the
courts must be brought
within 12 years from the
date of the judgment.
Luxembourg For commercial matters, Limitation periods are each triggered by different
the general limitation period events:
amounts to ten years from the
due date of the non-performed • The limitation period runs from the due date of
obligation. the non-performed obligation.
Any obligations arising in the • The limitation period runs from the date on
course of business between which the damage occurred or if the damage
businessmen or between was concealed, from the discovery thereof.
businessmen and non-
• The limitation period runs from the date of the
businessmen are deemed to be
corporate resolution.
commercial obligations.
• The limitation period runs from the date of
Different limitation periods exist the action giving rise to the liability, or if it was
for specific commercial matters fraudulently concealed, from the discovery
and these limitation periods thereof.
are each triggered by different
events. Some key limitation • The limitation period runs from the date of the
periods are as follows: distribution of the dividends.
• For tort claims, 30 years. The action for damages against a producer of a
product is barred within a period of three years, from
• For the annulment of the date on which the victim had or should have
corporate resolutions, six had knowledge of the damage, the defect and the
months. identity of the producer, without prejudice to the
• 10 years if litigation
regarding land arises in
the course of business
between businesspeople
or business and non-
businesspeople.
• 30 years if litigation
arises between non
businesspeople.
• Specific prescription
periods exist for more
specific cases (for
example, for acquisitive
prescription).
Mauritius The limitation period varies The nature of the cause of action itself.
depending on the nature of the
claim:
• Action in personam:
generally ten years,
except :
• debt payable on a
yearly basis or on a
lesser period: three
years, provided
certain conditions
are met;
• insurance related
contracts: five years;
• action by a trader
against a non-trader:
two years;
• chartering
agreements: one
year;
• application to set
aside a statutory
demand: must be
made and served on
the creditor within
14 days of the date
of service of the
demand.
Malaysia • Contract and Tort, 6 Usually a limitation period is triggered when the
years. cause of action first accrued or the date of damage.
• Tort not involving personal However, in cases of tort not involving personal
injury (latent damages in injury, limitation may either run from the date of
buildings), 6 to -15 years. damage or date of discovery of such damage,
whichever is longer. The long-stop limitation period
• Actions for recovery of
to bring such a claim is 15 years.
land, 12 years.
• Enforcement of
judgments, 12 years.
Mexico • Ten years, as a general Limitation periods are generally triggered by the
rule. occurrence, and claimant's knowledge, of the facts
giving rise to the claim
• Five years for some
specific claims regarding
maritime disputes and
agency fees.
• Actions founded on
contract and tort: five
years.
• Actions in respect of
the personal estate of a
deceased person: ten
years.
Norway • Three years for ordinary Limitation periods run from the date the obligation
claims. fell due, or the debtor defaulted.
• Three years for claims for However, the limitation period runs from the date
damages. the creditor had knowledge of the basis for the claim
and the liable party. If the obligation or debtor was
• Four years for claims
unknown, the claim is time-barred one year from
related to international
when knowledge is acquired, but no later than ten
sales of goods.
years from due date.
• Ten years for claims
under promissory
notes, legal rulings, and In claims for bank deposits, the limitation period
pensions. runs from the date the bank notified the owner of no
movement on the account.
• 20 years for claims for
bank deposits.
Romania • Most claims, including The limitation periods start to run as follows
contractual claims and (depending on the claim made):
tort: three years.
• From the day the claimant is aware or should
• Land rights that are have been aware of their right.
limited in time and
damage caused to the • From the day the claimant is aware or should
environment: ten years. have been aware of the damage and the
person who is responsible for it.
• Insurance disputes: two
years. • From the day the obligation becomes due and
payable.
• Claims against
professional economic • From the day a court decision of annulment
agents for the services becomes final and binding or a declaration
they provide: one year. of termination becomes irrevocable (for a
claim for restitution of delivery made under an
annulled or inefficient deed).
Russian Federation Standard limitation: three years The date when a party became aware of a violation
(maximum ten years from the of its rights and the proper defendant.
date of the violation).
• judgment debts;
• 15 years in respect of
any debt owed to the
state and arising out of an
advance or loan of money
or a sale of lease of land
by the state to the debtor.
South Korea • General contract claims: Generally, the limitation period is triggered on the
ten years. date when a claim could have been asserted (due
date of each account receivable or, if not decided in
• Commercial claims: five advance, the day the obligation accrued).
years.
Tort claims: three years or ten Ten years from the date of tort, or three years from
years. the date when the injured party became aware
of damages and the identity of the tortfeasor,
whichever is earlier.
Claims for possession or title: n/a.
no statute of limitations.
Spain The general limitation period Those terms run from the time of a cause of
for personal actions is now five action arising until the commencement of court
years (Article 1964, Civil Code). proceedings.
Switzerland Three years for tort claims. Knowledge of damage and person responsible.
Five years for claims by Triggered when claim becomes due.
employees, attorneys,
doctors and for most periodic
payments.
Ten years for all other claims. Triggered when claim becomes due.
Turkey The general limitation period is The limitation period if triggered when the claim
ten years. becomes due. The statute of limitation for tort claims
is triggered when the claimant becomes aware of the
The limitation period for tort tortious act, the damage and the person committing
claims is two years (subject to it.
a maximum of ten years).
• Claims between
a company or
its shareholders
and its managers,
representatives or
auditors.
Ukraine General limitation period: three Finding out about a violation of a right or a person
years. violating such right.
Recovery of penalties/fines: Breach.
one year.
Claims arising from defects of Identification of the defects.
sold goods and supplied goods:
one year and six months,
respectively.
Claims for construction defects Commissioning of the construction works.
causing collapses or other
emergency situations: 30
years.
UK (England and Wales) • Simple claims in contract: • Simple claims in contract: date of breach of
six years. contract.
UK (Northern Ireland) Claims brought in respect of Accrual of the cause of action (the date of the
deeds: 12 years. breach of contract).
Simple claims in contract: six From the date of breach of the contract.
years.
Tort (excluding personal injury Accrual of the cause of action (the date that the
and latent damage): six years. claimant suffers the damage).
Personal injury: three years. Accrual of the cause of action (or if later, the
claimant's date of knowledge).
Negligence (in respect of latent Accrual of the cause of action or, if later, the
damage): three years or six claimant's date of knowledge.
years, subject to a maximum
United States Limitation periods vary A cause of action generally accrues when the
depending on both the breach of contract or injury occurs. However, nearly
jurisdiction and cause of action. all jurisdictions have adopted discovery rules that
toll accrual of a claim until the injury is discovered or
reasonably should have been discovered.
END OF DOCUMENT
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