各國(guó)訴訟時(shí)效Statute Of Limitations
各國(guó)訴訟時(shí)效?Statute Of Limitations
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Jurisdiction
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What limitation periods apply to bringing a claim?
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What triggers a limitation period?
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Argentina
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?????????General limitation period: five years.
?????????Claims for damages: three years.
?????????Claims regarding periodic obligations: two years.
?????????Claims regarding endorsable or bearer documents: one year.
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?????????General rule: the limitation period starts running when the obligation is enforceable.
?????????Claims for damages: the limitation period starts running when the damage occurs, or when the claimant could have reasonably become aware of the damage.
?????????Claims relating to periodic obligations: the limitation period starts running from the time each obligation becomes enforceable.
?????????Claims regarding endorsable or bearer documents: the limitation period starts running from the day of expiration of the obligation.
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Australia
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(individual states may vary)
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Contract: six years.
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Accrual of cause of action (breach of contract).
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Deed: 12 years.
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Accrual of cause of action (breach of promise in deed).
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Tort (general): six years
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Accrual of cause of action (breach of duty by the defendant and damage suffered by the plaintiff).
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Tort (defamation): one year.
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Accrual of cause of action (communication of defamatory material by the defendant and damage suffered by the plaintiff).
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Tort (personal injury): three years (discoverability) or 12 years (occurrence), whichever is earlier.
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Date on which the injury was discoverable by the plaintiff (three years), or date on which the injury occurred (12 years).
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Action by beneficiary: six years (three years in the Northern Territory; no specific limitation in South Australia).
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Accrual of cause of action (breach by trustee).
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Recovery of land: two years (15 years in Victoria and South Australia).
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Accrual of cause of action (dispossession from land).
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Barbados
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Simple contract claims: six years.
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From the date of the cause of action.
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Tort: six years.
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From the date that the cause of action accrued.
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Recovery of land: ten years.
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From the date that the right of action accrued.
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Recovery of arrears of rent: six years.
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From the date that arrears became due.
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Recovery of money secured by mortgage or the proceeds of the sale of land: ten years.
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From the date that the right to receive the money accrued.
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Recovery of trust property: six years.
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From the date that the right of action accrued.
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Defamation: three years.
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From the date that the right of action accrued.
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Belgium
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30 years (in some cases ten years) for claims regarding the recovery or protection of real property.
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The limitation period runs from the day the claim arises.
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Five years for tort claims, and in any event 20 years and one day after the date on which the fact, action or negligence that caused the damage occurred.
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The limitation period runs from the day following the day on which the claimant is aware of the:
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?????????Damage or aggravation of the damage.
?????????Identity of the person liable for this damage.
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One year for claims against consumers relating to commercial goods, but five years for claims regarding essential goods such as gas, electricity and water.
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The limitation period runs from the sale of the goods.
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Ten years for most other claims, such as contractual claims.
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The limitation period runs from the day the claim arises, that is, when the obligation becomes due.
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Brazil
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Limitation periods vary according to the subject matter of the claim, and range from one to ten years.
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Limitation periods start running from the date that a claim becomes actionable.
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Canada?(Alberta)
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Basic limitation period: two years.
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Ultimate limitation period: ten years.
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Basic limitation period: discovery of claim.
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Ultimate limitation period: cause of action arises.
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Canada (British Columbia)
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Basic limitation period: two years, ten years for enforcement of a judgment.
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Ultimate limitation period: 15 years.
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Basic limitation period: discovery of claim.
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Ultimate limitation period: cause of action arises.
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Canada (Manitoba)
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Basic limitation period: varies based on the claim, but generally two or six years, and ten years for enforcement of a judgment.
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Ultimate limitation period: 30 years.
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Basic limitation period: varies depending on the type of claim (a court can grant leave to continue or begin an action after the basic limitation period, if less than 12 months have elapsed between the date the action was discovered and the date of application for leave, subject to the ultimate limitation period).
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Ultimate limitation period: cause of action arises.
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Canada (New Brunswick)
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Basic limitation period: two years.
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Ultimate limitation period: 15 years.
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Basic limitation period: discovery of claim.
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Ultimate limitation period: cause of action arises.
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Canada (Newfoundland and Labrador)
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Basic limitation period: two to ten years (depending on the type of claim).
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Ultimate limitation period: 30 years.
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Basic limitation period: date on which the right to bring an action arose.
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Ultimate limitation period: cause of action arises.
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Canada (Northwest Territories)
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Basic limitation period: one to ten years (depending on the type of claim).
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Ultimate limitation period: not applicable.
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Basic limitation period: varies depending on the type of claim.
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Ultimate limitation period: not applicable.
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Canada (Nova Scotia)
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Basic limitation period: two years.
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Ultimate limitation period: 15 years.
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Basic limitation period: discovery of claim.
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Ultimate limitation period: cause of action arises.
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Canada (Nunavut)
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Basic limitation period: one to ten years (depending on the type of claim).
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Ultimate limitation period: not applicable.
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Basic limitation period: varies depending on the type of claim.
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Ultimate limitation period: not applicable.
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Canada (Ontario)
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Basic limitation period: two years.
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Ultimate limitation period: 15 years.
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Basic limitation period: discovery of claim.
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Ultimate limitation period: cause of action arises.
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Canada (Prince Edward Island)
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Basic limitation period: one to ten years (depending on the type of claim).
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Ultimate limitation period: not applicable.
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Basic limitation period: varies depending on the type of claim.
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Ultimate limitation period: not applicable.
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Canada (Québec)
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Basic limitation period: three years; claims against municipalities are subject to a six-month limitation period and may also be subject to a 15-day notice period.
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Ultimate limitation period: ten years.
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Basic limitation period: cause of action arises.
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Ultimate limitation period: cause of action arises.
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Canada (Saskatchewan)
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Basic limitation period: two years, ten years for enforcement of a judgment.
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Ultimate limitation period: 15 years.
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Basic limitation period: discovery of claim.
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Ultimate limitation period: cause of action arises.
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Canada (Yukon)
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Basic limitation period: one to ten years (depending on the type of claim).
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Ultimate limitation period: not applicable.
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Basic limitation period: varies depending on the type of claim.
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Ultimate limitation period: not applicable.
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Cayman Islands
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The limitation periods and trigger points differ for the different types of claims and are as follows:
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?????????Contract: six years commencing on the date of the breach of the contract.
?????????Tort (excluding personal injury, libel and slander where the time limit is 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 the necessary knowledge of the material facts of the damage, up to a maximum of 15 years).
?????????Action on any sum recoverable by virtue of any legislative provision: six years from the date on which the sum was due.
?????????Contribution claims: two years from the date that the action accrued.
?????????Claims for the recovery of land: 12 years commencing from the date when the right accrued (30 years if the claim is against the Crown).
?????????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.
(Limitation Act (1996 Revision).)
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In most cases, the limitation period commences at the time the claimant acquires the right to bring the action. However, commencement dates can be deferred in the following circumstances:
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?????????Where the claimant was under a disability.
?????????Where there has been an acknowledgment or part payment.
?????????Where the claim is based on fraud or mistake.
?????????Where a claimant’s right of action has been deliberately concealed from him by the defendant.
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China
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?????????General limitation period for civil claims: three years.
?????????Claims against the carrier with regard to the carriage of goods by sea: one year.
?????????International sales of goods and technology transfers: four years.
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The limitation period starts running from the moment the claimant knew or should have known of the facts giving rise to its claim.
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Colombia
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The following special limitation periods also apply:
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?????????Collection claims arising from cheques: six months.
?????????Collection claims arising from travellers’ cheques: ten years.
?????????Collection claims arising from bonds: four years.
?????????Collection claims arising from other negotiable instruments:
?????????against the debtor: three years; or
?????????against any of the endorsees: one year.
?????????Claims arising from latent defects: six months from the transfer of ownership.
?????????Claims related to transport contracts: two years.
?????????Claims related to agency contracts: five years.
?????????Claims related to insurance contracts: two years.
?????????Claims related to unfair competition:
?????????two years from the date of identification of the wrongdoer; or
?????????three years from the occurrence of the tortious act.
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The occurrence of the material facts of the case and the maturity of the negotiable instrument.
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A conciliation request suspends the statute of limitations.
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A formal requirement from the creditor to the debtor interrupts the statute of limitations (Article 94, GCP and Article 2539, Civil Code).
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Acceptance of the obligation by the obligor or debtor interrupts the limitation period.
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Due to the COVID-19 pandemic, the Superior Court for the Judiciary suspended all limitation periods under Colombian substantive law from 16 March 2020 to 1 July 2020, therefore these terms will continue elapsing from July 31, 2020 onwards (Article 1, Decree 564, 2020).
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Cyprus
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?????????Claims in respect of a mortgage or pledge: 12 years.
?????????General torts: six years.
?????????Damages for negligence, nuisance or breach of duty: three years.
?????????Defamation or malicious falsehood: one year.
?????????Common contract claims: six years.
?????????Claims brought in relation to an independent professional: three years.
?????????Loan agreements: six years
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The limitation period is different depending on the nature of the cause of action, for example:
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?????????Claims brought in respect of a mortgage or pledge: 12 years from the breach of obligation contained in the mortgage or pledge.
?????????General torts, for instance assault: six years from the date the damage occurred or from the date of knowledge of the injured party.
?????????Torts that relate to damages for negligence, nuisance or breach of duty: three years from the date the damage occurred or from the date of knowledge of the injured party.
?????????Common contract claims: six years from the breach of contract.
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France
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?????????Commercial, contractual and tort disputes: five years.
?????????Insurance disputes: two years.
?????????Land disputes: 30 years.
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?????????Commercial, contractual, tort and land disputes: day on which the right holder knows, or should have known, that its right has been violated.
?????????Insurance disputes: day of the occurrence of the damage.
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Germany
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The general limitation period for bringing a claim is three years.
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However, limitation and other preclusion periods can range between a few days and 30 years. For example, rights to a plot of land can be subject to a 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.
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Limitation periods generally start running at the end of the year in which the claim arises and the claimant becomes aware, or but for its gross negligence should have become aware, of the circumstances giving rise to the claim and the identity of the defendant. In some instances, for example the filing of the statement of claim, the statute of limitation is suspended.
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Ghana
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?????????Two years. Recovering a penalty or forfeiture.
?????????Three years. Damages for negligence, nuisance or breach of duty.
?????????Six years. Tort, simple contract, quasi-contract, enforcing a recognisance.
?????????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.
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A limitation period is triggered from the date on which the cause of action accrued.
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Gibraltar
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The Limitation Act 1960 sets out the limitation periods for different types of claims:
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?????????Contract claims: six years.
?????????Tort claims (except personal injury and latent damage): six years.
?????????Negligence where the damage is latent: either six years from the date of the damage or three years from the date of knowledge of the damage (subject to an overriding 15-year period from the date of the negligent act or omission, regardless of when the damage was discovered).
?????????Actions on deeds or in relation to the recovery of land: 12 years.
?????????Fraud: six years.
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The following triggers apply:
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?????????Contract claims: breach of contract.
?????????Tort claims (except personal injury and latent damage): damage resulting from the tort.
?????????Negligence where the damage is latent: damage resulting from the negligence or knowledge of the damage.
?????????Actions on deeds or in relation to the recovery of land: accrual of the cause of action.
?????????Fraud: discovery of the fraud.
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Guatemala
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The general statute of limitation is five years. However, there 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.
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The limitation period starts running on the date the obligation must be performed by the other party.
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Guernsey
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?????????Contract: six years.
?????????Tort: six years.
?????????Breach of trust disputes: three years (no prescription period will apply if there is fraud to which the trustee was privy, or in claims to recover trust property).
?????????Rights in land: 20 years.
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?????????Contract: from the date of breach.
?????????Tort: from the date the actionable damage occurred.
?????????Breach of trust disputes: the date of knowledge of the breach or delivery of the final trust or trust accounts to the beneficiary.
?????????Rights in land: from the date of breach.
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Hong Kong
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Contract: six years.
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Date of breach.
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Tort (general): six years.
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When damage occurs (unless the claim is actionable per se).
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Tort (giving rise to personal injury): three years.
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Date on which the cause of action accrued or the date (if later) of the claimant’s knowledge.
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The period of limitation does not start to run until the claimant has discovered a fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it in:
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?????????Actions based on fraud.
?????????Actions where any fact relevant to the claimant’s right of action has been deliberately concealed from the claimant by the defendant.
?????????Actions for relief from the consequences of mistake.
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Deed: 12 years.
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Date of breach.
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Action to recover land: 12 years (60 years if commenced by the government).
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When right arises.
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Fraudulent breach of trust: no limitation period.
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Not applicable.
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India
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Limitation periods are specific to the relief claimed and are set out in the Limitation Act 1963 or subject specific legislation.
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Most claims under contract have a limitation period of three years. Tortious actions have a limitation period of one year or three years. Some land disputes have a limitation period of 12 or 30 years.
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A residuary limitation period of three years is set for all disputes not otherwise specifically covered under any law.
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The limitation period starts when the cause of action arises, that is, when a party becomes entitled to bring a claim.
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Indonesia
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?????????General civil claims: 30 years.
?????????Claims relating to wages of teachers and experts in art of science with regards to courses lasting not more than three months: one year.
?????????Claims for the payment of doctors, pharmacists, attorneys, process servers, caretakers, and other teachers: two years.
?????????Claims for the payment of materials and wages of carpenters, bricklayers, and other foremen: five years.
?????????Maritime claims: one, two or three years (five years for insurance claims).
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The limitation period starts running when the claim first arises.
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Ireland
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The limitation period is generally six years for breach of contract and claims in tort (except for personal injury actions).
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The limitation period starts running from the date the breach occurs or the tort is committed.
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Italy
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In principle, the limitation period is ten years.
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In tort cases, the limitation period is five years (unless the tort is considered a criminal offence, in which case the limitation period is
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the same as that provided under Italian criminal law for prosecuting the crime).
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Shorter limitation periods (varying from one to five years) apply in specific cases, including:
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?????????Dealings between companies.
?????????Insurance matters.
?????????Shipping matters.
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The limitation period starts to run from the date on which the relevant right arose or, in tort, when the injured party is in a position to know of the damage and of the author of the damage.
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Japan
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Contract claims: Ten years (20 years if the claim is for personal injury or wrongful death in breach of contract).
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Commercial claims: five years.
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Contract and commercial claims: from when the obligation is due to the right holder.
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Tort claims: three years (an absolute statute of limitations of 20 years from the tortious act).
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Product liability claims: three years (or ten years from the delivery of a defective product).
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For both contractual and tort claims the statute of limitations is 20 years if the claim is for personal injury or wrongful death. In product liability claims the statute of limitations is five years if the claim is for personal injury or wrongful death.
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Tort and product liability claims: from when the right holder discovers that they have suffered damage and knows the identity of the person or entity liable for the damage.
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Ownership of land: no specific statute of limitation.
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Not applicable.
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Kazakhstan
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The general limitation period is three years and applies to most contractual, tort, land and other commercial claims.
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Special limitation periods apply to certain categories of disputes.
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The day when a claimant became or should have become aware of the violation of its rights.
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Kenya
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?????????Contractual claims: six years.
?????????Enforcement of recognisance: six years.
?????????Enforcement of awards: six years.
?????????Recovery of sums due under law: six years.
?????????Claiming equitable relief: six years.
?????????Tort: three years except for actions for libel or slander, which must be brought within 12 months.
?????????Actions to recover land: 12 years.
?????????Actions based on a judgment issued by the courts: 12 years from the date of the judgment.
?????????Actions to recover arrears of rent: six years.
?????????Actions to recover any penalty or forfeiture or sum by way of penalty or forfeiture recoverable by virtue of a written law: two years.
?????????Actions relating to arrears of interest with regard to a judgment debt: six years from the date the interest became due.
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For contractual and tortious claims, limitation periods run from the date of cause of action.
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Luxembourg
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For commercial matters, the general limitation period amounts to ten years from the due date of the non-performed obligation.
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Any obligations arising in the course of business between businessmen or between businessmen and non-businessmen are deemed to be commercial obligations.
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Different limitation periods exist for specific commercial matters? and these limitation periods are each triggered by different events. Some key limitation periods are as follows:
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?????????Contractual claims: ten years (for commercial contracts) or 30 years (for civil contracts).
?????????Tort claims: 30 years.
?????????Annulment of corporate resolutions: six months.
?????????Liability actions against management, supervisory auditors (commissaires) or liquidators: five years.
?????????Actions for the recovery of dividends improperly distributed: five years.
For land disputes:
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?????????Ten 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).
?????????For product liability, a three-year prescription period and a ten-year longstop period.
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Limitation periods are each triggered by different events:
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?????????The limitation period runs from the due date of the non-performed obligation.
?????????The limitation period runs from the date on which the damage occurred or if the damage was concealed, from the discovery thereof.
?????????The limitation period runs from the date of the corporate resolution.
?????????The limitation period runs from the date of the action giving rise to the liability, or if it was fraudulently concealed, from the discovery thereof.
?????????The limitation period runs from the date of the distribution of the dividends.
For land disputes the limitation period runs from the date on which the damage occurred or if the damage was concealed, from the date of discovery thereof.
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The action for damages against a producer of a product is barred within a period of three years, from the date on which the victim had or should have had knowledge of the damage, the defect and the identity of the producer, without prejudice to the provisions of ordinary law regulating the suspension or interruption of the statute of limitations.
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The longstop period requires that any claims brought for product liability against a producer are brought within ten years from the date that the specific product was put into market circulation.
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Malaysia
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?????????Contract and tort: six years.
?????????Tort not involving personal injury (latent damages in buildings): six to 15 years.
?????????Actions for recovery of land: 12 years.
?????????Enforcement of judgments: 12 years.
?????????Acts of public authorities: 36 months.
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Usually a limitation period is triggered when the cause of action first accrued or the date of damage.
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However, in cases of tort not involving personal injury, limitation may either run from the date of damage or date of discovery of such damage, whichever is longer. The long-stop limitation period to bring such a claim is 15 years.
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Mauritius
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The limitation period varies depending on the nature of the claim:
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?????????Action?in rem: generally 30 years.
?????????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.
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The nature of the cause of action itself.
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Mexico
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?????????Ten years, as a general rule.
?????????Five years for some specific claims regarding maritime disputes and agency fees.
?????????One year in exceptional cases.
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Limitation periods are generally triggered by the occurrence, and claimant’s knowledge, of the facts giving rise to the claim
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Myanmar
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Compensation for breach of any contract (where the contract is not in writing or not registered): three years.
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?????????When a breach of contract occurs.
?????????Where there are successive breaches, when the breach in respect of which the suit is instituted occurs.
?????????Where the breach is continuing, when that breach ceases.
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Compensation for the breach of a contract in writing registered: six years.
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?????????When a breach of contract occurs.
?????????Where there are successive breaches, when the breach in respect of which the suit is instituted occurs.
?????????Where the breach is continuing, when that breach ceases.
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Compensation for any other injury to the person: one year.
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When the injury is committed.
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The Netherlands
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Contract.
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Five years from the day following the day on which the debt became due and payable.
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Tort.
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Five years from the day following the day on which the injured person became aware of both the damages and the identity of the person who was liable for those damages, and in any event 20 years from the day of the event that caused the damages.
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Nigeria
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Limitation periods differ across the various states in Nigeria.
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For example, the following limitation periods apply in Lagos State:
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?????????Actions founded on simple contract: six years.
?????????Actions to enforce an arbitration award: six years.
?????????Actions claiming damages for negligence, nuisance, or breach of duty: three years.
The following limitation periods apply in Delta State:
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?????????Actions to recover land: ten years.
?????????Actions founded on contract and tort: five years.
?????????Actions in respect of the personal estate of a deceased person: ten years.
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Lagos State: the limitation periods are triggered by the accrual of the cause of action.
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Delta State:
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?????????Actions to recover land: the limitation period is triggered by the accrual of the cause of action.
?????????Actions founded on contract and tort: the limitation period is triggered by the accrual of the cause of action.
?????????Actions in respect of the personal estate of a deceased person: the limitation period is triggered by the accrual of the right to receive an interest in the estate.
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Romania
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?????????Most claims, including contractual claims and tort: three years.
?????????Land rights that are limited in time and damage caused to the environment: ten years.
?????????Insurance disputes: two years.
?????????Claims against professional economic agents for the services they provide: one year.
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The limitation periods start to run as follows (depending on the claim made):
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?????????From the day the claimant is aware or should have been aware of their right.
?????????From the day the claimant is aware or should have been aware of the damage and the person who is responsible for it.
?????????From the day the obligation becomes due and payable.
?????????From the day a court decision of annulment becomes final and binding or a declaration of termination becomes irrevocable (for a claim for restitution of delivery made under an annulled or inefficient deed).
?????????From the day each consecutive delivery becomes due.
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Russian Federation
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Standard limitation: three years (maximum ten years from the date of the violation).
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Specific limitation periods for certain types of claims.
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The date when a party became aware of a violation of its rights and the proper defendant.
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Singapore
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The limitation period for claims founded on contract and tort is six years (section 6, Limitation Act).
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Commenced on the date on which the cause of action accrues.
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South Africa
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The limitation periods for bringing a claim are as follows:
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?????????30 years for:
?????????any debt secured by a mortgage bond;
?????????judgment debts;
?????????any debt in respect of taxation imposed or levied under any law; and
?????????any debt owed to the state in respect of any share of the profits, royalties or any similar consideration payable for the right to mine minerals or other substances.
?????????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.
?????????Six years in respect of a debt arising from a bill of exchange or other negotiable instrument, or from a notarial contract.
?????????Three years in respect of any other debt.
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The limitation periods start to run as soon as the debt is due, which is when the creditor has knowledge of the identity of the debtor and of the facts from which the debt arises. A creditor is deemed to have such knowledge if he/she could have acquired it by exercising reasonable care
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South Korea
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?????????General contract claims: ten years.
?????????Commercial claims: five years.
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Generally, the limitation period is triggered on the date when a claim could have been asserted (due date of each account receivable or, if not decided in advance, the day the obligation accrued).
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Tort claims: three years or ten years.
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Ten years from the date of tort, or three years from the date when the injured party became aware of damages and the identity of the tortfeasor, whichever is earlier.
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Claims for possession or title: no statute of limitations.
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n/a.
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Spain
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The general limitation period for personal actions is now five years (Article 1964, Civil Code).
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(The general limitation period was 15 years until the reform of the Civil Procedure Act, which came into force on 7 October 2015.)
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There are further limitation periods of five years for contractual obligations (Article 1964, Civil Code) and one year for non-contractual obligations (Article 1968, Civil Code).
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Those terms run from the time of a cause of action arising until the commencement of court proceedings.
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Sweden
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The following is a description of Swedish substantive laws. The general limitation period is 10 years, which applies unless otherwise provided, as follows:
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?????????Contract: The limitation period may vary depending on the nature of the contract and the claim in question. Further, parties in a commercial relationship are free to agree on the duration of the limitation period. In general, the limitation period is shorter when it comes to certain contracts. For example, the limitation period for a buyer’s claim regarding faulty goods is two years.
?????????Tort: As a rule, the general limitation period of ten years applies for claims in tort. However, shorter limitation periods apply on claims for strict liability such as claims for damages due to dangerous activities.
?????????Land disputes: Different limitation periods apply for claims in land disputes. For example, the limitation period for claims regarding property fault is ten years and the limitation period regarding lease of land and tenancy is two years.
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The limitation period starts as at the accrual of the right in question. If it is interrupted, a new limitation period starts running from the date of interruption. However, the circumstances that trigger the limitation period may vary depending on the nature of the claim, as follows:
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?????????Contract: In general, the limitation period is triggered at the conclusion of the contract, though there are exceptions to this general rule. When it comes to a buyer’s claim regarding faulty goods, the limitation period is triggered when the possession of the goods is passed to the buyer.
?????????Tort: In tort law, the limitation period is generally triggered when the action that causes the damage takes place.
?????????Land disputes: In land disputes, the circumstances that trigger the limitation period may vary depending on the nature of the claim. For example, in cases of property fault, the limitation period is triggered when the buyer gains access to the property. The limitation period for other claims regarding sale of real property may be triggered at the conclusion of the contract. In contrast, when it comes to lease of land and tenancy, the limitation period is triggered when the leaseholder or tenant leaves the land or apartment.
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Switzerland
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Three years for tort claims.
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Knowledge of damage and person responsible.
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Five years for claims by employees, attorneys, doctors and for most periodic payments.
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Triggered when claim becomes due.
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Ten years for all other claims.
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Triggered when claim becomes due.
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Turkey
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The general limitation period is ten years.
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The limitation period for tort claims is two years (subject to a maximum of ten years).
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The limitation period is five years for some claims such as:
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?????????Claims relating to lease payments.
?????????Claims relating to interest on principal.
?????????Claims arising out of attorney, agency, commission and brokerage agreements (except commercial brokerage).
?????????Claims between a company or its shareholders and its managers, representatives or auditors.
?????????Claims arising out of works contracts, except those that arise out of improper performance or non-performance due to the contractor’s gross misconduct.
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The limitation period if triggered when the claim becomes due. The statute of limitation for tort claims is triggered when the claimant becomes aware of the tortious act, the damage and the person committing it.
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Ukraine
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General limitation period: three years.
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Finding out about a violation of a right or a person violating such right.
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Recovery of penalties/fines: one year.
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Breach.
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Claims arising from defects of sold goods and supplied goods: one year and six months, respectively.
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Identification of the defects.
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Claims for construction defects causing collapses or other emergency situations: 30 years.
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Claims for defects of construction works that could not have been identified in the course of ordinary commissioning, or design deficiencies: ten years.
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Commissioning of the construction works.
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Claims arising from carriage agreements: one year.
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Defined in transportation codes.
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Claims for the invalidation of decisions of general shareholders’ meetings: three months.
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Approval of the disputed decision.
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United Arab Emirates
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?????????15 years generally.
?????????15 years for contract disputes.
?????????Ten years for disputes that fall under the Commercial Code (where one of the parties to the dispute is considered a “trader” under the Commercial Code).
?????????Three years for disputes relating to cheques.
?????????Three years for insurance disputes.
?????????Three years for causing harm (tort).
?????????Ten years for building contracts (defects).
?????????One year for carriage of goods by sea.
?????????One year for employment-related disputes.
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There is no single rule as to what triggers a limitation period. However, admission of a debt can restart the clock.
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UK (England and Wales)
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?????????Simple claims in contract: six years.
?????????Claims brought in respect of deeds: 12 years.
?????????Tort (excluding personal injury and latent damage): six years.
?????????Personal injury: three years.
?????????Negligence (in respect of latent damage): three years or six years, subject to a maximum period 15 years from the negligent act or omission.
?????????Fraud: six years.
?????????Defamation: one year.
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?????????Simple claims in contract: date of breach of contract.
?????????Claims brought in respect of deeds: breach of the obligation contained in the deed.
?????????Tort: date the damage is suffered.
?????????Personal injury: the later of the date the damage occurred or the claimant’s knowledge of the damage.
?????????Negligence (in respect of latent damage): the later of six years from the date the damage occurred or three years from the date on which the claimant had the requisite knowledge and the right to bring such an action.
?????????Fraud: when the claimant discovered the fraud, or when they could, with reasonable diligence, have discovered it.
?????????Defamation: date of publication of the defamatory act.
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UK (Northern Ireland)
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Claims brought in respect of deeds: 12 years.
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Accrual of the cause of action (the date of the breach of contract).
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Simple claims in contract: six years.
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From the date of breach of the contract.
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Tort (excluding personal injury and latent damage): six years.
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Accrual of the cause of action (the date that the claimant suffers the damage).
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Personal injury: three years.
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Accrual of the cause of action (or if later, the claimant’s date of knowledge).
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Negligence (in respect of latent damage): three years or six years, subject to a maximum period 15 years from the negligent act or omission.
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Accrual of the cause of action or, if later, the claimant’s date of knowledge.
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Fraud: six years.
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Accrual of the cause of action.
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Defamation: one year.
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Accrual of the cause of action.
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Negligence actions where the material facts relevant to cause of action are not known to the claimant at the date of the accrual of action: three years, subject to an overriding time limit of 15 years from the defendant’s negligent act or omission.
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Claimant’s date of knowledge.
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Fraud, concealment or mistake.
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Time will not begin to run until the claimant has, or could with reasonable diligence have, discovered the fraud, concealment or mistake.
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UK (Scotland)
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?????????Contractual claims and claims in delict, as well as certain tenancy matters: five years.
?????????Personal injury, defamation and harassment claims: three years.
?????????Claims under the Consumer Protection Act 1987: ten years.
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For contractual and delictual claims, the prescriptive period runs from the date when the loss or damage occurred.
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Currently, in cases of latent damage, the prescriptive period starts when the claimant became aware, or could with reasonable diligence have become aware, of the damage. This area of the law is the subject of extensive judicial consideration and would require detailed analysis in the context of a particular set of facts.
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United States
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Limitation periods vary depending on both the jurisdiction and cause of action.
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A cause of action generally accrues when the breach of contract or injury occurs. However, nearly all jurisdictions have adopted discovery rules that toll accrual of a claim until the injury is discovered or reasonably should have been discovered.
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Some claims (such as product liability claims) may also be governed by a statute of repose, which govern the time within which to file an action but are triggered by an event other than the injury or breach itself (for example, the date of sale).
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