Volume 109, Issue 42
Royal Gazette
8 April 2535
one year, the shorter period shall apply instead of the said period of one year.
Section193/22.As regards a claim between a husband and his wife, if the period of limitation is about to be completed before or within one year from the day of the end of their marriage, such period of limitation shall not be completed until completion of one year from the day of the end of their marriage.
Section193/23.As regards a claim which is in favour or disfavour of a dead person, if the period of limitation is about to be completed within one year from the day of the death, such period of limitation shall not be completed until completion of one year from the day of the death.
Section193/24.When a period of limitation is completed, the obligor may waive the benefit of such limitation, but this waiver does not affect the right of a third person or the surety.
Section193/25.When a period of limitation is completed, it shall be retroactively operative from the day of its start.
Section193/26.When the principal claim is barred by limitation, the accessory claim shall also be barred by limitation, although the period of limitation governing the accessory claim is still not completed.
Section193/27.A mortgagee, pledgee, holder of a right of retention, or holder of a preferential right over an obligor's property he has retained still has the right to enforce performance from the property mortgaged, pledged, or retained, although the principal claim has already been barred by limitation. But such claim shall not be exercised to enforce payment of the interest which has been in arrears for over five years.
Section193/28.Performance of an obligation in accordance with a claim already barred by limitation, regardless of how much it was made, can never be recalled, although the performer was not aware that the claim had already been barred by limitation.
Section193/29.When limitation is not raised as a defence, the court shall not dismiss the plaint citing limitation as a reason.
Section193/30.Limitation shall last for a period of ten years, if this Code or other law does not prescribe a specific period therefor.
